Articles: Employment/Health and Safety

What is a Genuine Redundancy?

A redundancy occurs when job or position is no longer required by the employer due to genuine business reasons e.g., operational changes, technological advancements, or economic downturns.

A recent case in the Employment Relations Authority (“ERA”) illustrates the difference between a genuine redundancy and an unfair dismissal which would give rise to liability for a personal grievance. For the purposes of this article, we will refer to the employee as “Maisie” and the employer as “Farm Services.”

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Restructuring a business - consultation trumps confidentiality

A recent case Birthing Centre Ltd v Matsas serves as a reminder that consultation plays an important part of an employer undertaking a restructure, even when there are concerns around confidentiality.

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The Business Cost of Bullying

In May, the Human Rights Commission and KPMG released a report on the cost to businesses of workplace bullying and harassment. The report considered how businesses can be affected by way of:

  • Affected workers taking extra leave
  • Affected workers being less productive
  • The cost of losing workers and retraining or hiring replacements
  • The cost of time taken to address bullying internally.

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What Happens to Employees when you Buy or Sell a Business?

When you buy or sell a business there is a lot to think about. Sometimes what is overlooked is a proper consideration of what happens to the employees affected by the sale.

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Trustees Liability under the Health & Safety at Work Act

In September 2020, a child was fatally injured on a dairy farm after his jacket was caught on a rotating shaft of a backing gate. The farm was held in a trust.

Worksafe filed charges in the District Court against both the trust and the three trustees of the trust under the Health and Safety at Work Act 2015.

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