Barbara Buckett and Associates Barristors and Solicitors

trendz - our client newsletter

february 2008

Here at BBA we’ve been rather busy, not least because we’ve had a number of progressive cases in both the Employment Relations Authority and the Employment Court. As a result the law has been both clarified and moved in new directions and we would like to take this opportunity to share with you some of these developments and their implications for employment relations in your workplace. So apologies if you’ve missed Trendz in your inbox over the last few months. To compensate, this first edition of 2008 is fuller than usual, and we hope you’ll find it informative.

The team here at BBA would like to wish you a very happy new year and a prosperous 2008.

Barbara Buckett
Principal

condemned without evidence – unfair process and the test for justification revised

The ruling has solidified and clarified the s103A test, that an employer must act fairly and reasonably in all the circumstances, and demonstrated how employment investigations, particularly the requirement that they are conducted fairly, must be taken seriously.

fish or foul – foster caregiver declared employee not contractor

In this case the Authority was asked to determine as a preliminary matter whether Mr Dickson was employed as a contractor or an employee and thus able to take a personal grievance for his dismissal under the Employment Relations Act 2000.

recent changes to KiwSaver Act

Changes amending the KiwiSaver Act to give effect to the requirement that employers contribute to the savings of their employees apply from 1 April 2008. The Taxation (KiwSaver) Act 2007 amended KiwiSaver and tax legislation. In addition to establishing the requirement for employer contributions for KiwiSaver this Act also addressed a number of other measures such as:

new rules for the member tax credit
rules to establish the employer tax credit
rules for dealing with "invalid KiwiSaver enrolments"
amendments to the definition of "salary or wages"
new rules for minimum employee contributions

on the hill

the minimum wage and remuneration amendment bill won’t proceed

The purpose of the Bill was to amend the Minimum Wage Act 1983 by extending its provisions to apply to contractors. However, the Bill has been returned to the House by the Transport and Industrial Relations Committee with a recommendation that it does not proceed.

the Employment Relations (Flexible Working Arrangements) Amendment Act 2007

The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 will come into force on 1 July 2008. Changes to the Employment Relations Act will allow employees to make written requests of their employers for a change to their working arrangements in order to discharge caring responsibilities at home. See our summary of the Bill in our August edition of Trendz for more details.

facebook—face the facts

While social networking sites can be a great way to keep in touch with friends, increasing numbers of employers and recruitment agencies the world over are using them as a resource in the recruitment process. This article looks at the issues involved.

dismissed while at father’s deathbed – the law on abandonment of employment

This ruling, as with most cases on the issue of abandonment, turned on the extent of communication between the parties. An abandonment clause is only applicable in limited circumstances, for example where an employee does not report for work and the employer has knowledge that they do not intend to do so. In all cases the employer is required to give the employee an adequate opportunity to explain their absence, and may only rely on an abandonment clause if that opportunity has gone unanswered.

the option of lockout

Lockouts have been the subject of much media attention lately in relation to the Service and Food Workers Union case. In that case the Employment Court ruled that the lockout of hundreds of hospital cooks, orderlies and cleaners was illegal. This article focuses on the law relating to lockouts, including when a lockout is lawful.

lunchtime hazards

In this story we look at the health and safety issues many businesses don’t manage well.

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Disclaimer: These articles are necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication. Please refer to our Legal Notices.