Barbara Buckett and Associates Barristors and Solicitors

trendz - our client newsletter

june 2007

budget brings changes to KiwiSaver

In the 2007 Budget the government introduced changes to the KiwiSaver Scheme. The most significant change announced is a move to require compulsory employer contributions from 1 April 2008. For prospective KiwiSaver members the budget contained news that they will benefit from a tax credit matching contributions at 100 per cent, up to $20 per week (about $1,040 per year) from 1 July 2007. For more details read on …

when a sickie isn’t a sickie

When our favourite TV weather presenter tells us that the good weather coming will be a good time to take a sickie we know what she means. But a series of Employment Relations Authority rulings suggest it is not a simple matter to deal with an employee who claims to be sick when they might not be. Find out more …

new statistics for employers

Statistics New Zealand has announced that a range of new free statistical information will be available. The first product to be released, in August, will be Boundaries and Street Link which will help business develop market profiles, site locations and opportunities in particular locations. Other products to be rolled out in the next 18 months include local and regional demographic data, population projections, detailed import and export data, retail and wholesale trade data and migration and visitor data.

stress in the workplace

Workplace stress made the headlines recently after a young lawyer’s death was linked to the long hours he worked and workplace stress. The 27-year-old lawyer was expected to work sixteen hours a day, seven days a week, by his firm. The man visited the Tate Modern Art Gallery after leaving work one evening and plunged down a stairwell to an instant death, at 11.30 pm.

Interestingly, although this tragedy occurred outside of working hours, and the man’s presence at the gallery was not linked to his employment, it is suggested that the man’s employer was in part to blame. It was implied that the employer’s conduct had created a situation in which the man was so overloaded with work, stressed, tired, overworked, and under so much pressure, that it caused him to fall.

This tragedy raises interesting questions in New Zealand as to employers’ liability for stressed employees. Are employers liable for the consequences of not providing a safe work environment when causes stress, and if so to what extent? More and more we are seeing situations where claims are made against employers for work-related stress. Click here for more …

more on trade restraint clauses

In our May 2007 edition of Trendz we discussed the use of restraint clauses and noted that restraint of trade clauses are common in employment agreements where there is a risk that an employee might leave to work for another competing business or set up business on their own account in competition with their former employer. A recent decision by the Employment Court reinforces the enforceability of rights under properly constructed restraint of trade clauses.

process flaws a lesson for employers

The recent case of X v Auckland District Health Board, which attracted attention because of its peculiar facts, involved a personal grievance claim of unjustifiable disadvantage and unjustified dismissal by X against the Auckland District Health Board (ADHB). X was a senior physician and was dismissed for serious misconduct. This ruling has provided a timely and succinct summary of the law as it stands in relation to employment investigation, and sets a relatively high standard for employers in discharging obligations of good faith throughout the investigation process. If you are at all concerned about how to conduct an employment investigation or about your disciplinary processes in general, Barbara Buckett & Associates can assist you with a an objective "health check". Read our summary of the X decision.

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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.