Barbara Buckett and Associates Barristors and Solicitors

trendz - our client newsletter

march 2007

the kiwiSaver scheme commences on 1 July 2007 - how will it affect you?

KiwiSaver will provide another option for New Zealanders to save for their retirement. The scheme commences on 1 July 2007 but do you know what it will mean for you? Did you know that new employees will have to be automatically enrolled as KiwiSaver member and will have to opt out if they don’t want to belong? Were you aware most employers will be required to distribute KiwiSaver information packs to new employees, make deductions and keep new IRD records?… more

spam law passed

The Unsolicited Electronic Messages Bill 2007 has now passed into law and will take effect in 6 months time. This Act will prohibit address-harvesting through software or a harvested-address list to send unsolicited commercial electronic messages. The Act will affect all emails, texts and instant messages that market or promote goods, services, and other schemes of a commercial or dishonest nature. Will this change affect you? Contact us to find out. ... more

new minimum wages to take effect

The minimum wage applies to employees who are 16 and over. New rates apply from 1 April 2007. If you are an employer paying rates less then $11.25 per hour to adult workers this change will impact on you. … more

increase to 4 week annual holiday

From 1 April 2007 the minimum entitlement for annual holidays will increase to 4 weeks. Employees will become eligible for their extra week's holiday on their first anniversary date (the date when they started their job) after 1 April 2007. But employees already receiving four weeks' annual holidays will not automatically get five weeks of holiday - it will depend on whether their employment agreement makes it clear that their entitlement increases. Disputes about whether employees will become entitled to 5 weeks of holiday have already been to Court. New holiday pay calculations will also be required for staff leaving after 1 April 2007 too. Contact us if you need any advice about the new legal annual holiday entitlement. … more

public holiday exchange case goes to supreme court

The Holidays Act 2003 introduced wide ranging changes and a number of cases have already tested what these new provisions mean. For example, the Act allows employers and employees to observe holidays on days other than when the holiday falls, but the Court of Appeal in Air NZ Ltd v New Zealand Airline Pilots Association of Industrial Workers Union Inc has confirmed what needs to be done to avoid breaching the Act if this sort of agreement is reached. However, leave to appeal this ruling has been granted to the pilots union and the matter will be addressed by the Supreme Court. … more

online tool calculates holiday and leave entitlements

The Department of Labour have launched an online tool to help calculate entitlements and payments for public holidays, sick and bereavement leave. The tool is designed to determine:

Whether an employee is entitled to a paid public holiday, sick or bereavement leave.
What an employee should be paid (that is, their "relevant daily pay" for their day off or for working on a public holiday).

Click here for more.

final warning couldn't be used

A recent Employment Authority case gives employers guidance on how a series of warnings can be used. The Authority held that an earlier final warning could apply only if the employee was guilty of the same kind of misconduct or other non-performance. If you need advice on dealing with disciplinary action you should seek our advice! … more

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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.