Interns are Employees - That's What the Employment Relations Authority said

On 6 April 2023 the ERA issued a determination in the case of Associations of Professional and Executive Employees Inc and Anor v The Secretary. 

Pay Strategies

Although the COVID restrictions in NZ have been removed, many people are still working from home some, if not most, days of the week. Remote/hybrid

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Christmas is coming…

Once Labour Day has been [yes, believe it or not it’s this coming Monday], the next public holidays are at Christmas and New Year. It always feels like employers have to put a bit more thought into Christmas and New Year because: there are four public holidays; this is a time that many businesses have their annual closedown period; many employees take their annual leave; some employees don’t have enough leave to cover this period; some employment agreements have special rates for these public holidays; and, let’s face it, it is a busy busy busy time. In the next few weeks, my colleague, Tasneem Begum, and I will be offering a free webinar for those employers who want a bit more information around those tricky calculations for leave at this time of the year. We will also be able to answer the questions you have and the challenges you face with leave during the Christmas/New Year period. You are not alone with the questions you have – Questions we are often asked at this time of the year are about employing staff to cover the busy Christmas period

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One of those weeks: Mental Health Awareness Week 2022

I have had one of those weeks where I have been in full day mediations virtually every day out of Auckland. What hit me at these mediations is the despair that people find themselves in by the time they arrive at my door. With varying degrees, all of these mediations had people in deep emotional turmoil. Anguish, frustration, anger and deep sadness, to the point where I had to pause to ensure the people were in the right space to make good decisions for themselves.

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What the heck is going on with pay?

While we are conscious of the impact that inflation is having on wage and salary conversations, there are four other levers that have been, and are being, used to bring about fundamental change and significant uplift to pay in New Zealand. The Government is using these levers to drive increases in pay at various levels in ways that we may not be conscious of. However, when brought together as a single thread, they are having a big impact.

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To Mediate or not to Mediate

To mediate or not to mediate – that is the question… While William Shakespeare put into verse Hamlet’s soliloquy in endless agonising verse about dire choices with absolutely no chance of a happy ending – it is not so with mediation. Change the name, and the thinking around the word mediation. Let’s start thinking about it and calling it “an opportunity”. That’s really what mediation is; an opportunity for parties in conflict to come together and sort out their problem(s). It doesn’t have to be the only option, but it should be considered as a first step.

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“Summary Dismissal” – what is it and when can it be used?

“You’re fired!” – many would recall these words being repeatedly spat out by a former US president who had once tried his hand at hosting a TV reality show. In that show, the people who failed to perform to the expected levels were unceremoniously given their marching orders there and then. No process, no consideration of their viewpoint or feedback, no ifs or buts …. Just go! But that was only a show, many would say. That does not really happen here in Aotearoa… or does it?

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Cooling Off Periods – A new approach?

When an employee resigns in the heat of the moment, it can be difficult for an employer to judge whether there is merit in providing the employee a with “cooling off” period to reconsider their resignation, or to take the statement at face value. Past case law has suggested that best practice is to actually allow for a period of reconsideration, however recent case law has introduced some new framework for employers to operate within when an employer resigns in these circumstances. Below, we outline the change in approach to cooling off periods and explain what this means for employers moving forward when they encounter a heat of the moment resignation.

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The Importance of being a Licensed Employment Investigator

When we think of a Private Investigator, it is easy for our minds to think of Magnum PI complete with Hawaiian shirt, bushy moustache and red corvette, or, depending on your age, perhaps even Scooby Doo! Not many people will think of external independent employment investigators, which many organisations have come to engage when complex allegations are raised or where the allegation is best handled in an independent manner. Even less well known is that independent workplace investigations must be conducted by a licenced private investigator.

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