MGZ | The Advocate

Stay Informed with MGZ Employment Law's Monthly Newsletter

Stay up to date with legal issues with MGZ’s monthly newsletter

As an employer, it's important to stay up-to-date on current employment and legal issues that may impact your business. That's why MGZ publishes "The Advocate," a monthly newsletter that offers insight and guidance on a range of topics. You can access recent issues for free on this website, and subscribe to have them delivered straight to your inbox


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  • 2024

    #346 - Can AI replace the human element in an employment relationship? Download

    #347 - Breach of Duty leads to Burnout and Big Payout Download

  • 2023

    #345 - Cautionary Tales - Christmas Edition Download

    #344 - When Employees Fail to Give Notice Download

    #343 - Dismissed Union Organiser awarded of $55,000 Download

    #342 - General Election 2023: What's on the cards for employment law Download

    #341 - Liability of Company Directors for Employment Cases Download

    #340 - Tikanga in the Employment Context Download

    #339 - Fingerprints and the fight for Privacy/Union Rep denied Reinstatement Download

    #338 - Blurred Lines - Casual or Permanent? Download

    #337 - Vaccination Dismissal Upheld Download

    #336 - Alexa, play 'the Terminator Theme' Download

    #335 - Restitution and other Remedies: Recovery of Money from Employees Download

    #334 - Gotta have (good) faith Download


  • 2022

    #333 - On one condition Download

    #332 - We can't go on together, with suspicious minds  . . . Request Issue

    #331 - In the words of Destiny's Child: Bills, Bills, Bills Download

    #330 - Final warning not so final after all Download

    #329 - (Mental) Health and Safety and Etu v. Carter Holt Harvey Download

    #328 - Facebook: When Freedom and Folly Collide Download

    #327 - A Family Affair/New Whistleblowers Legislation Download

    #326 - Resignation - Is it always straightforward & When an employee is on ACC, who pays for public holidays? Download

    #325 - New Fair Pay Agreements Bill Download

    #324 - New Zealand Income Insurance Scheme Download

    #323 - Honey, Honey, How He Fires Me . . . Download

    #322 - Take 'em Back Download

  • 2021

    #321 - Remember Pre Covid Times: Work Christmas Parties Download

    #320 - Holiday Pay Bonus Download

    #319 - Covid may be a Game Changer, but the Rules are Unchanged Download

    #318 - How the Supreme Court ‘tort’ the Court of Appeal a lesson Download

    #317 - Rise of the Phoenix Download

    #316 - Employment Status - Not always a piece of cake Download

    #315 - Diversity and Inclusion Download

    #314 - Fair Pay Agreements Download

    #313 - Last Man Reclining Download

    #312 - Covid-19 Vaccinations Download

    #311 - Am I dismissed or not? Download

    #310 - Tribulations of Trial Periods- Download

  • 2020

    #309 - A Christmas Story or 6 - Download

    #308 - Don't Dis Me - Download

    #307 - It's Pay Back Time - Download

    #306 - Policy Rundown - Download

    #305 - Equity for Women - Download

    #304 - Covid-19 Wage Subsidy; No work, No Pay? - Download

    #303 - Constructive Dismissal Actually Fair Treatment - Download

    #302 - Do Not Pass Go, Do Not Collect $200.00 - Download

    #301 - Retirement - or forced leisure? - Download

    #300 - COVID-19 Subsidy Update 30 March 2020 - Download

    #299 - There and back again - Download

    #298 - Restrained Restraints - Download

  • 2019

    #297 - Tis the Season to be Jolly - Download

    #296 - Exemplary Processes - Download

    #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

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