Newsletter Archive

2019

• #295 - Process and Substance . . . the 'sauce' for Success - Download
• #294 - Triangular Employment Relationships - Download
• #293 - Don't Dis Me! - Download
• #292 - Authority Imposes Wage Rates - Download
• #291 - Required Overtime . . . Is it allowed? - Download
• #290 - Personal Penalties for Breach of Employment Agreement - Download
• #289 - Incapacity Reconsidered - Download
• #288 - Trials and Tribulations of Change - Download
• #287 - Revisitation of Rest and Meal Breaks - Download
• #286 - Wage Scale Not Compulsory - Insulting Behaviour OK - Download

2018

• #285 - A Step Back in Time - Download
• #284 - A Win and a Loss for Trial Periods - Download
• #283 - Bullying . . . claims and issues - Download
• #282 - Domestic Violence Victims Legislation - Download
• #281 - Poor Performance or Misconduct? - Download
• #280 - Health & Safety at Work Act 2015 - Part 2 Officers and Penalties - Download
• #279 - Health & Safety at Work Act 2015 - Part 1 Definitions - Download
• #278 - The Law has teeth - Download
• #277 - Fixing Fights - Download
• #276 - 90 Days Notice - Download
• #275 - Proposed Changes to Employment Laws: Back to a few years ago - Download
• #274 - Go directly to jail. Do not pass Go. - Download

2017

• #273 - When Temps become Employees - Download
• #272 - On-Call Work - Download
• #271 - Sacked Before Starting - Download
• #270 - Trial Periods on Trial - Again! - Download
• #269 - Are you available? - Download
• #268 - Surprise Search Order - Download
• #267 - Skirting Around Suppression - Download
• #266 - Not So Settled - Download
• #265 - Sequel to the Final Straw - Download
• #264 - Recalculating Penalties - Download
• #263 - Zero Hours Contracts/Payment for Rest Breaks - Download
• #262 - Frustrated? Probably Not - Download

2016

• #261 - The Final Straw - Download
• #260 - Conflicting Interests - Download
• #259 - Employment Court's Expectations Too Stringent - Download
• #258 - More Trouble with Trial Periods/Transgender 'Transition' - Download
• #257 - 90 Day Trial Periods; a disadvantage - Download
• #256 - Minor Matter - Major Consequences . . . a case of insubordination - Download
• #255 - Parental Leave Changes - Download
• #254 - Zero Hours Contracts - Download
• #253 - New Employment Standards - Harsh Penalties for Transgressors - Download
• #252 - Criminal Conduct Outside the Workplace - Download
• #251 - A Vexing Question - Download
• #250 - More on Tripartite or Triangular Arrangements - Download

2015

• #249 - Out of Time but in with a Chance - Download
• #248 - Driving Everyone Crazy - Download
• #247 - The Employment Standards Legislation Bill - Download
• #246 - An Employment Standards Failure - Download
• #245 - Failure of a Forfeiture Clause - Download
• #244 - Righting a Wrong - Download
• #243 - The Author of his own Misfortune - Download
• #242 - Pile up at Melling Station - Download
• #241 - Investigations and Conclusions - Download
• #240 - Fixed Term Agreements - 20 Years On - Download
• #239 - Wrong on All Counts - Download
• #238 - Long time No See - Download

2014

• #237 - Volunteers - Download
• #236 - A Touching Story - Download
• #235 - The Punch - Retaliatory or Instinctive? - Download
• #234 - Motor Camp Misgivings (Another Sleepover Case) - Download
• #233 - Just a small theft - Download
• #232 - The Truth about Lies - Download
• #231 - Salaries and Averaging Under the Minimum Wage Act/Paid Parental Leave Increases - Download
• #230 - Concealed Convictions Cost an Employer - Download
• #229 - Balking at Bonds - Download
• #228 - Testing Drug & Alcohol Policies - Download
• #227 - When family and business collide - Download
• #226 - Facebook Fiasco - Download

2013

• #225 - Road Rage Revisited - Download
• #224 - The Third Party Effect - Download
• #223 - Redundancy Selection/Work Trials - Download
• #222 - Equal Pay for Similar Work - Download
• #221 - Talking Off The Record - Download
• #220 - Redundancy Rationale Revisited - Download
• #219 - Zip it Sweetie!/Proposed Changes to Employment Relations Act - Download
• #218 - The Perils of Passing On - Download
• #217 - Conduct Outside of Workplace/Work Trials - Download
• #216 - The 'Pre-employment Test' or Work Trial - Download
• #215 - Multiple Cause Dismissals; Resignations; Non Attendance by One Party; Procedural Issues Reconsidered - Download
• #214 - Tis the Season to be Jolly - Download

2012

• #213 - Drug Policies Strictly Applied - Download
• #212 - A Brawl, A Breach and a Threat! - Download
• #211 - Personal Grievance Claim Not Raised Correctly - Download
• #210 - Court Reinstates Abusive Employee - Download
• #209 - S103A; A Serious Slapping - Download
• #208 - Applying the "could" instead of the "would" - Download
• #207 - Personal Grievance Backfires - Employer Awarded Damages - Download
• #206 - Fixed Term Agreements: Projects & Events - Download
• #205 - Theft of Trust and Confidence - Download
• #204 - Outside of Working Hours - Download
• #203 - Court of Appeal Rejects Sexual Harassment Appeal - Download
• #202 - More 90 Day Trial Period Woes - Download

2011

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

2010

• #189 - Legislative Changes - Download
• #188 - 90,000 Win for Head Chef - Download
• #187 - Trial Period Case - Employment Court Decision - Download
• #186 - Suspension and Summary Dismissal in Absence of Express Provisions - Download
• #185 - Employment Legislation Overhaul - Download
• #184 - The High Cost of Getting it Wrong - Download
• #183 - Replacing Striking Workers with Contractors - Download
• #182 - Scrutinizing Conduct Outside the Workplace - Download
• #181 - Damages Awarded for Poor Workmanship - Download
• #180 - Employee Protection Provisions Revisited - Download
• #179 - Holidays Act 2003 – Recommendations for Change - Download
• #178 - Not an Employee, so no PG - Download

2009

• #177 - Plunket Kerplunksy - Download
• #176 - Court requests good faith report from Authority - Download
• #175 - Significant award for discrimination on the grounds of disability - Download
• #174 - Good faith obligations to be “responsive and communicative” a two way street - Request Issue
• #173 - Sleepovers and the minimum wage issue – The next instalment - Request Issue
• #172 - Avoiding pandemic pandemonium - Request Issue
• #171 - Employment Court jurisdiction to make search orders confirmed - Request Issue
• #170 - Employment agreement found to be frustrated - Request Issue
• #169 - Redundancy - is the position genuinely superfluous? - Request Issue
• #168 - NDU's unlawful preference claim against Farmers fails - Request Issue
• #167 - Tramways decision reheard in the Employment Court - Request Issue
• #166 - A shift to shifts ruled - Request Issue

2008

• #165 - Change Management in times of change - Request Issue
• #164 - Dismissal Without Process Still Justified - Request Issue
• #163 - Sleepovers – Work time or sleep time? - Request Issue
• #162 - Employee Protection Clause enforced by Authority - Request Issue
• #161 - Parental Leave Procedures - Request Issue
• #160 - Protections for Casual and Temporary Workers - Request Issue
• #159 - Can an employer consult with an employee on sick leave? - Request Issue
• #158 - Does your internet policy cover use of social networking sites? - Request Issue
• #157 - Legislative Changes Afoot - Request Issue
• #156 - How much is too much sick leave? - Request Issue
• #155 - Kiwisaver compulsory employer contributions and total remuneration - Request Issue
• #154 - 2007 - The Year in review - Request Issue

2007

• #153 - Shock Supreme Court decision on transferred public holidays - Request Issue
• #152 - Authority at odds over increase in annual leave - Request Issue
• #151 - The employee's right to input on penalty - Request Issue
• #150 - Union Visits to the Workplace - Request Issue
• #149 - Who can do the work of striking employees? - Request Issue
• #148 - Giving Consideration to Restraints - Request Issue
• #147 - The Subway or the Highway - Serious Misconduct Revisited - Request Issue
• #146 - NDU vs GDL- the first interpretation of the 'passing on' provisions of the ERA - Request Issue
• #145 - Communications Between Employers and Union/Employees During Bargaining - Request Issue
• #144 - Redundancy Refresher - Request Issue
• #143 - Individual Employment Agreements: Back To Basics - Request Issue
• #142 - The Holidays Act 2003 - 3 to 4 weeks or 4 to 5 weeks annual leave? - Request Issue

2006

• #141 - When T1½ rates for work on a public holiday don't apply - Request Issue
• #140 - Deductions from or Withholding of Wages - Request Issue
• #139 - Progressive Dispute . . . what was it all about? - Request Issue
• #138 - Discrimination in Employment - a refresher - Request Issue
• #137 - Stopwork Meetings: who decides when? - Request Issue
• #136 - Could've, should've, would've . . . - Request Issue
• #135 - Clarity about Disparity - Request Issue
• #134 - Save the Kiwi . . . - Request Issue
• #133 - Probation with No Recourse - Bill to Select Committee - Request Issue
• #132 - Managing Bullying in the Workplace - Request Issue
• #131 - Interim Reinstatement – Not Just a 'Yes' or 'No' - Request Issue
• #130 - Holiday blues — What are Employees entitled to! - Request Issue

2005

• #129 - "Life Imitating Art" - Drama at TVNZ - Request Issue
• #128 - Speak No Evil, Hear No Evil - Request Issue
• #127 - Failing to protect protected employees - Request Issue
• #126 - Employment Relations Policies - Request Issue
• #125 - Work Stress Costs - Request Issue
• #124 - The Supreme Law of the Rings - Epilogue on Contractors - Request Issue
• #123 - Employment Relations (Flexible Working Hours) Amendment Bill 2005 - Request Issue
• #122 - Serious Misconduct - an overview of the law - Request Issue
• #121 - Facilitation 2005 or Arbitration Circa 1980 - Request Issue
• #120 - Shift Work, Public Holiday and Commonsense - Request Issue
• #119 - Justification - Dismissals and Other Actions - Request Issue
• #118 - The Return of the Law - Contractors in Middle Earth, The Conclusion - Request Issue

2004

• #117 - Employment Agreements - Just What is Required? - Request Issue
• #116 - Probationary Periods - Criminal Records (Clean Slate) Act 2004 - Request Issue
• #115 - Government Provides "Care Packages" to Employees, Unions and Employers - Request Issue
• #114 - Bargaining Fee for Unions - Not Lawful - Request Issue
• #113 - Testing Testimonials - Request Issue
• #112 - Fixing the Term - Part 2 - Request Issue
• #111 - More Alcohol at Work - Request Issue
• #110 - Alcohol, Drugs and Work - Request Issue
• #109 - Good Faith - One More Step - Request Issue
• #108 - Your Computer - My Own Business - Request Issue
• #107 - One Law to Rule Them All - Contractors in Middle Earth - Request Issue
• #106 - Unfavourable Changes Pending for the ERA - Request Issue

2003

• #105 - Is there a Right to Representation? - Request Issue
• #104 - Holidays and Resignations Revisited - Request Issue
• #103 - Stress and Medical Clearances - Round 2 - Request Issue
• #102 - Suspending - The Balance Required - Request Issue
• #101 - The Law of Vicarious Liability - Request Issue
• #100 - Managing the Hazard - Stress & Medical Clearances - Request Issue
• #99 - Exemplary Damages in Employment Law - Request Issue
• #98 - Sexual Harassment in the Workplace - Request Issue
• #97 - Misrepresentation - One Principle, Two Outcomes - Request Issue
• #96 - Huge holiday changes proposed - Request Issue
• #95 - www.play.co.nz - Request Issue
• #94 - Stress, Stress and More Stress - Request Issue

2002

• #93 - Open Sesame - Access to the Workplace - Request Issue
• #92 - Testing the Faith - Request Issue
• #91 - Fixing the Term - Request Issue
• #90 - Anticipating a Break (and a breach) - Request Issue
• #89 - A Few 90 Day Issues/Constructive Dismissals and the 90 Day Rule - Request Issue
• #88 - Policies on Employment Relations - Request Issue
• #87 - Independent Contractors - Request Issue
• #86 - On Probation/Paid Parental Leave - Request Issue
• #85 - Stress - Request Issue
• #84 - The Hazards of Verbal Agreements - Request Issue
• #83 - Aoraki Revived - Request Issue
• #82 - Paid Parental Leave - Request Issue

2001

• #81 - Time for a Break - Request Issue
• #80 - A Lockout or a Holiday? - Request Issue
• #79 - When is a Union not a Union? - Part 2 - Request Issue
• #78 - Good Faith - The First Steps - Request Issue
• #77 - Incompatibility - Request Issue
• #76 - Serious Misconduct - Who decides? - Request Issue
• #75 - Penalties & Damages Awarded to Employers for Breach - Request Issue
• #74 - Aoraki Revisited - Request Issue
• #73 - The Authority's Role in Disciplinary Action - Request Issue
• #72 - Employment Relations Education Leave - Request Issue
• #71 - Testing Drug Testing - Request Issue
• #70 - Dealing to Drug Users - Request Issue

2000

• #69 - Independent Contracts Amidst the ERA - Request Issue
• #68 - New Employees and the ERA - Request Issue
• #67 - Abandonment Revisited - Request Issue
• #66 - Compliance under the ERA - Request Issue
• #65 - Stressed Out and Paid Out - Request Issue
• #64 - Redundancy Obligations Reviewed - Request Issue
• #63 - From Arrears of Wages to Discrimination - Request Issue
• #62 - Protected Disclosures - Request Issue
• #61 - Good Faith - Request Issue
• #60 - Serious Misconduct in Cyberspace - Request Issue
• #59 - Drinking on the Job - Request Issue
• #58 - Degrees of Negligence - Request Issue

1999

• #57 - When There's a Scrap At Work - Request Issue
• #56 - What's Good for the Goose is Good for the Gander (Disparity of Treatment) - Request Issue
• #55 - Accident Insurance Act 1998 - Request Issue
• #54 - Taking the Harshness out of it - Request Issue
• #53 - When Procedures are Breached - Request Issue
• #52 - Tying Down Restraints - Request Issue
• #51 - Discrimination Against Strikers - Request Issue
• #50 - Stretching the 90 Days - Request Issue
• #49 - Sick Leave for an Accident? - Request Issue
• #48 - Alternative Grievance Procedures - Request Issue
• #47 - Discrimination - Request Issue
• #46 - Neither Harsh nor Oppressive; But Maybe Unfair - Request Issue

1998

• #45 - Ex Post Facto Factors - Request Issue
• #44 - Employment Court: Harsh and Oppressive? - Request Issue
• #43 - Parental Leave - Paid or Unpaid? - Request Issue
• #42 - Wrongful Dismissal - What was it? - Request Issue
• #41 - Contractual Approach Continues; Changes Afoot - Request Issue
• #40 - When Employees Give Notice; 90 Days and Exceptional Circumstances - Request Issue
• #39 - Ruling Restricts Redundancy - Request Issue
• #38 - Director or Employee?; Sequestration Orders - Request Issue
• #37 - 100% Contributory Conduct by Employee; Health and Safety in Employment Act - Request Issue
• #36 - A further Final Word on 6% From the Court of Appeal - Request Issue
• #35 - Mutual Termination; Changes Ahead for Personal Grievance Procedures - Request Issue
• #34 - Degrees of Negligence - Request Issue

1997

• #33 - Grievances Start Early - Request Issue
• #32 - The Disadvantage of It All - Request Issue
• #31 - Casual or Part-time? - Request Issue
• #30 - Contracts Procured by Harsh and Oppressive Conduct - Request Issue
• #29 - The Facts About Misrepresentation - Request Issue
• #28 - Abandonment - Request Issue
• #27 - Redundancy - Selection Criteria; More Restraints - Request Issue
• #26 - Restraint of Trade - Request Issue
• #25 - Fixed Term Contracts - The Court of Appeal Rules - Request Issue
• #24 - Conduct Outside of Work - Request Issue
• #23 - Serious Misconduct - Request Issue
• #22 - Lawful and Reasonable Instructions - Request Issue

1996

• #21 - Constructive Dismissal - Request Issue
• #20 - Employee Injury or Absence from Workplace - Request Issue
• #19 - The "Creche" Case - Request Issue
• #18 - Sexual Harassment in the Workplace - An Overview - Request Issue
• #17 - Public Holidays - A Gain and A Gain, Payment, Requirement to Work, Lieu Day - Request Issue
• #16 - The Final Word on 6%; An Employer Strikes Back! - Request Issue
• #15 - Censorship of Communication Reconsidered; Mutual Termination or Unjustified Dismissal - Request Issue
• #14 - Recent Court of Appeal Decisions - Failure to Appoint/The Holidays Act/Communication; Health and Safety - The On-going Cost of Injuries - Request Issue
• #13 - Redundancy - The Obligation to Consult - Request Issue
• #12 - Employee or Contractor? - Request Issue
• #11 - More on Remedies - Reinstatement; Personal Grievance Compensation - Request Issue
• #10 - Employees Have 90 Days to Submit a Personal Grievance - Request Issue

1995

• #9 - The Holidays Act - Some Good News and Some Bad News - Request Issue
• #8 - To Suspend or Not to Suspend - Request Issue
• #7 - Dismissal for Poor Performance - Trotter Revisited; Harsh and Oppressive Contracts - Request Issue
• #6 - More Bad News on the Holidays Act - Including 6%/Transfer of Public Holidays - Request Issue
• #5 - Failure to Appoint/Further Censorship of Employer/Employee Communications - Request Issue
• #4 - Trial Periods Go To Trial; Ratification and Agreement - Request Issue
• #3 - Has the E. Court become the "Censor of Employer/Employee Communications"? - Request Issue
• #2 - Personal Grievances - The Cost of Getting it Wrong - Request Issue
• #1 - Kerry Smith v. Radio I - Fixed Term Contract - Request Issue