Barbara Buckett and Associates Barristors and Solicitors

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sleeping with the enemy: is it a conflict of interest?

You will probably have read about the Setchell matter where Ms Setchell lost her job because of her partner’s job. Ms Setchell was employed as a communications person with the Ministry for the Environment, her partner worked in the Office of the Leader of the Opposition. At the core of the debate is whether the employer was justified in seeking termination of Ms Setchell’s employment as she was unfit for the job because of her relationship with someone who worked for the opposition. ... more

Employment Relations (Flexible Working Hours) Amendment Bill

If this bill becomes law eligible employees will be able to seek part-time or flexible work hours, changes to the days on when work is undertaken and working from another place of work, including from home. ... more

union access rights confirmed

A recent decision by the Employment Court has confirmed that employers cannot require union officials who enter their workplace to speak with staff individually. The Court upheld an earlier Employment Relations Authority determination that stated that the right of access under Section 20 of the Act encompassed individual and collective discussions. However this ruling does not give unions the right to hold full staff meetings. ... more

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. … more

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". … more

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. … more

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. …more

are restraint of trade clauses enforceable?

An action between Fuel Expresso Limited and Victor Hsieh has revisited the law on employment agreement restraint of trade provisions. … more

drug testing - can you do it?

A recent report on national drug and alcohol usage in Australia raises questions as to the need to monitor and manage drug usage and the impact in the workplace on things such as health, safety and productivity. … more

more new stuff

bba gets blogging

Our latest online venture is the Barbara Buckett & Associates blog. Many of you will have heard about this phenomenon and may well be regular bloggers yourself.

For those of you who haven't, blog is short for web log, which is a sort of online journal where the author can post entries and others can read and respond to them.

Barbara has been selected to be the principal blogger in the firm, so there will certainly be some interesting blogging going on.

To visit the Barbara Buckett & Associates blog click here ...