'The Advocate'

McPhail Gibson and Zwart
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Index of past issues of The Advocate

If you find topics of interest, fill out the form below the index
and we will email or post the requested issues to you.

2012

2011

IssueContents
203Court of Appeal Rejects Sexual Harassment Appeal
202More 90 Day Trial Period Woes
IssueContents
201Casual or Fixed Term?
200When Casual Agreements Mutate
199A Disadvantageous Resignation
198A Tangled Web of Deceit
197Supreme Court Wraps Up Open Country Cheese Saga
196A Hopeless Case
195When Good Employees go Bad – Theft in the Workplace
194What takes a lifetime to build, but only seconds for an employee to destroy?
193The Worse for Drink
192Earthquake Update
191Case Law: Employee Negligence & Unjustified Dismissal
190Refusal to Undergo a Drug Test

2010

2009

IssueContents
189Legislative Changes
18890,000 Win for Head Chef
187Trial Period Case - Employment Court Decision
186Suspension and Summary Dismissal in Absence of Express Provisions
185Employment Legislation Overhaul
184The High Cost of Getting it Wrong
183Replacing Striking Workers with Contractors
182Scrutinizing Conduct Outside the Workplace
181Damages Awarded for Poor Workmanship
180Employee Protection Provisions Revisited
179Holidays Act 2003 – Recommendations for Change
178Not an Employee, so no PG
IssueContents
177Plunket Kerplunksy
176Court requests good faith report from Authority
175Significant award for discrimination on the grounds of disability
174Good faith obligations to be “responsive and communicative” a two way street
173Sleepovers and the minimum wage issue – The next instalment
172Avoiding pandemic pandemonium
171Employment Court jurisdiction to make search orders confirmed
170Employment agreement found to be frustrated
169Redundancy - is the position genuinely superfluous?
168NDU’s unlawful preference claim against Farmers fails
167Tramways decision reheard in the Employment Court
166A shift to shifts ruled

2008

2007

IssueContents
165Change Management in times of change
164Dismissal Without Process Still Justified
163Sleepovers – Work time or sleep time?
162Employee Protection Clause enforced by Authority
161Parental Leave Procedures
160Protections for Casual and Temporary Workers
159Can an employer consult with an employee on sick leave?
158Does your internet policy cover use of social networking sites?
157Legislative Changes Afoot
156How much is too much sick leave?
155Kiwisaver compulsory employer contributions and total remuneration
1542007 - The Year in review
IssueContents
153Shock Supreme Court decision on transferred public holidays
152Authority at odds over increase in annual leave
151The employee's right to input on penalty
150Union Visits to the Workplace
149Who can do the work of striking employees?
148Giving Consideration to Restraints
147The Subway or the Highway - Serious Misconduct Revisited
146NDU vs GDL- the first interpretation of the 'passing on' provisions of the ERA
145Communications Between Employers and Union/Employees During Bargaining
144Redundancy Refresher
143Individual Employment Agreements: Back To Basics
142The Holidays Act 2003 - 3 to 4 weeks or 4 to 5 weeks annual leave?

2006

2005

IssueContents
141When T1½ rates for work on a public holiday
don't apply
140Deductions from or Withholding of Wages
139Progressive Dispute . . . what was it all about?
138Discrimination in Employment - a refresher
137Stopwork Meetings: who decides when?
136Could've, should've, would've . . .
135Clarity about Disparity
134Save the Kiwi . . .
133Probation with No Recourse - Bill to Select Committee
132Managing Bullying in the Workplace
131Interim Reinstatement – Not Just a ‘Yes’ or ‘No’
130Holiday blues — What are Employees entitled to!
IssueContents
129"Life Imitating Art" - Drama at TVNZ
128Speak No Evil, Hear No Evil
127Failing to protect protected employees
126Employment Relations Policies
125Work Stress Costs
124The Supreme Law of the Rings - Epilogue on Contractors
123Employment Relations (Flexible Working Hours) Amendment Bill 2005
122Serious Misconduct - an overview of the law
121Facilitation 2005 or Arbitration Circa 1980
120Shift Work, Public Holiday and Commonsense
119Justification - Dismissals and Other Actions
118The Return of the Law - Contractors in Middle Earth, The Conclusion

2004

2003

IssueContents
117Employment Agreements - Just What is Required?
116Probationary Periods - Criminal Records (Clean Slate) Act 2004
115Government Provides "Care Packages" to Employees, Unions and Employers
114Bargaining Fee for Unions - Not Lawful
113Testing Testimonials
112Fixing the Term - Part 2
111More Alcohol at Work
110Alcohol, Drugs and Work
109Good Faith - One More Step
108Your Computer - My Own Business
107One Law to Rule Them All - Contractors in Middle Earth
106Unfavourable Changes Pending for the ERA
IssueContents
105Is there a Right to Representation?
104Holidays and Resignations Revisited
103Stress and Medical Clearances - Round 2
102Suspending - The Balance Required
101The Law of Vicarious Liability
100Managing the Hazard - Stress & Medical Clearances
99Exemplary Damages in Employment Law
98Sexual Harassment in the Workplace
97Misrepresentation - One Principle, Two Outcomes
96Huge holiday changes proposed
95www.play.co.nz
94Stress, Stress and More Stress

2002

2001

IssueContents
93Open Sesame - Access to the Workplace
92Testing the Faith
91Fixing the Term
90Anticipating a Break (and a breach)
89A Few 90 Day Issues/Constructive Dismissals and the 90 Day Rule
88Policies on Employment Relations
87Independent Contractors
86On Probation/Paid Parental Leave
85Stress
84The Hazards of Verbal Agreements
83Aoraki Revived
82Paid Parental Leave
IssueContents
81Time for a Break
80A Lockout or a Holiday?
79When is a Union not a Union? - Part 2
78Good Faith - The First Steps
77Incompatibility
76Serious Misconduct - Who decides?
75Penalties & Damages Awarded to Employers for Breach
74Aoraki Revisited
73The Authority's Role in Disciplinary Action
72Employment Relations Education Leave
71Testing Drug Testing
70Dealing to Drug Users

2000

1999

IssueContents
69Independent Contracts Amidst the ERA
68New Employees and the ERA
67Abandonment Revisited
66Compliance under the ERA
65Stressed Out and Paid Out
64Redundancy Obligations Reviewed
63From Arrears of Wages to Discrimination
62Protected Disclosures
61Good Faith
60Serious Misconduct in Cyberspace
59Drinking on the Job
58Degrees of Negligence
IssueContents
57When There's a Scrap At Work
56What's Good for the Goose is Good for the Gander (Disparity of Treatment)
55Accident Insurance Act 1998
54Taking the Harshness out of it
53When Procedures are Breached
52Tying Down Restraints
51Discrimination Against Strikers
50Stretching the 90 Days
49Sick Leave for an Accident?
48Alternative Grievance Procedures
47Discrimination
46Neither Harsh nor Oppressive; But Maybe Unfair

1998

1997

IssueContents
45Ex Post Facto Factors
44Employment Court: Harsh and Oppressive?
43Parental Leave - Paid or Unpaid?
42Wrongful Dismissal - What was it?
41Contractual Approach Continues; Changes Afoot
40When Employees Give Notice; 90 Days and Exceptional Circumstances
39Ruling Restricts Redundancy
38Director or Employee?; Sequestration Orders
37100% Contributory Conduct by Employee; Health and Safety in Employment Act
36A further Final Word on 6% From the Court of Appeal
35Mutual Termination; Changes Ahead for Personal Grievance Procedures
34Degrees of Negligence
IssueContents
33Grievances Start Early
32The Disadvantage of It All
31Casual or Part-time?
30Contracts Procured by Harsh and Oppressive Conduct
29The Facts About Misrepresentation
28Abandonment
27Redundancy - Selection Criteria; More Restraints
26Restraint of Trade
25Fixed Term Contracts - The Court of Appeal Rules
24Conduct Outside of Work
23Serious Misconduct
22Lawful and Reasonable Instructions

1996

1995

IssueContents
21Constructive Dismissal
20Employee Injury or Absence from Workplace
19The "Creche" Case
18Sexual Harassment in the Workplace - An Overview
17Public Holidays - A Gain and A Gain, Payment, Requirement to Work, Lieu Day
16The Final Word on 6%; An Employer Strikes Back!
15Censorship of Communication Reconsidered; Mutual Termination or Unjustified Dismissal
14Recent Court of Appeal Decisions - Failure to Appoint/The Holidays Act/Communication; Health and Safety - The On-going Cost of Injuries
13Redundancy - The Obligation to Consult
12Employee or Contractor?
11More on Remedies - Reinstatement; Personal Grievance Compensation
10Employees Have 90 Days to Submit a Personal Grievance
IssueContents
9The Holidays Act - Some Good News and Some Bad News
8To Suspend or Not to Suspend
7Dismissal for Poor Performance - Trotter Revisited; Harsh and Oppressive Contracts
6More Bad News on the Holidays Act - Including 6%/Transfer of Public Holidays
5Failure to Appoint/Further Censorship of Employer/Employee Communications
4Trial Periods Go To Trial; Ratification and Agreement
3Has the E. Court become the "Censor of Employer/Employee Communications"?
2Personal Grievances - The Cost of Getting it Wrong
1Kerry Smith v. Radio I - Fixed Term Contract

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