News

Lawful strike notice does not require end date Expand article
Contract article

In Auckland One Rail Limited v Rail and Maritime Transport Union the Court turned down the employer’s application for an interim injunction to stop proposed strike action.

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Secret Recordings Admissible in Some Cases Expand article
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The Authority has confirmed that secret recordings can be used in some circumstances.

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Changes to Australian Employment Law Expand article
Contract article

From 01 July 2024:

  1. High Income Threshold rises to $175,000.  Employees on higher salaries can't claim unfair dismissal in the Fair Work jurisdiction.
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Right to Disconnect not so Restrictive Expand article
Contract article

The right to disconnect, which is intended to be about employees having the right to refuse to answer their employer’s calls, emails etc out of hours, will be set out in section 333M of the Fair Work Act.

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Workplace Investigations – some key points Expand article
Contract article

The recent case of Jane Kitto and APL Kwikform Pty Limited [2024] NZERA 75 clarifies some interesting points about workplace investigations. 

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Navigating Medical Incapacity Expand article
Contract article

Managing an employee’s long-term illness and/or injury can be challenging, especially where their ongoing absence is impacting the operation of the business. From a health and safety perspective, you want to ensure your employees’ well-being is prioritised, but there comes a point where you can’t indefinitely hold open the job.

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When does a notice period start and end? Expand article
Contract article

A recent determination in the Employment Relations Authority clarifies that an employee’s notice period starts the day after the day on which the notice is given.

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Changes to the Holidays Act 2003 Expand article
Contract article

The Minister for Workplace Relations and Safety, Brooke van Velden, has announced that the Government will undertake an overhaul of the Holidays Act 2003.

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Managed Exits and No-Fault Terminations Expand article
Contract article

With job cuts on the rise and increased financial pressure on businesses and staff, it is no surprise that there is much lower tolerance for poor performance and bad behaviour.

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Business Restructuring: The pitfalls of not applying agreement provisions Expand article
Contract article

 The process of restructuring can be complicated at the best of times – both for the employer and the affected employees.  It is usually an emotionally charged time, and there are considerable risks ...

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Constructive Dismissal – A high test for an employee to satisfy Expand article
Contract article

Employees who have an employment relationship problem with their employer, which could include a dispute with the employer or an allegation of bullying or harassment by colleagues, have the right to raise a personal grievance. In some cases, the employee may raise a claim of “constructive dismissal”. 

But what exactly is a claim of constructive dismissal, and why is the bar so high?

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Workplace Investigations on the Rise Expand article
Contract article

Every workplace experiences some form of employee disputes and misconduct, but when conflict arises what are your options?

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