Senior Associate Maureen Glassey writes about the responsibility of employers to conduct workplace investigations into issues that affect their employees’ wellbeing. Hard on the heels
Many businesses in New Zealand have staff out on the road or in safety-sensitive workplaces on a daily basis. With the well-publicised intention of the Coalition Government to commence random roadside drug testing, this often complicated issue has become a focal point again after a long period of relative quiet, with potential implications for drug and alcohol policies. Add to the mix the introduction of the Medicinal Cannabis Scheme in 2020, and drug and alcohol policies are in a changing
Working from home – and the extent and ways it might be addressed in employment policies – has become a discussion point recently due to the Coalition Government’s position that working from home is not an entitlement. Senior Associate Raymond Wheeler outlines what employers and employees should be aware of. The Coalition Government’s position on public sector employees working from home has created considerable conversations, with some agreeing that working in offices increases productivity, promotes collaboration, is better for
The Coalition Government recently announced a proposal to enhance clarity when determining whether someone is a contractor or an employee. The principle of providing certainty to employers, employees, and independent contractors as to how they are classified and the implications arising from their status is sound. However, what we have seen to date appears too light on detail for such parties to be able to draw firm conclusions and alleviate status anxiety. The proposed “gateway test” has four requirements: There
Despite recent glimmers of positivity in the economy, it remains vital to resolve workplace conflict in a timely manner, for the well-being of the parties and the organisation itself. Senior Associate Lisa McWilliams-Smith outlines the key steps before, during, and after mediation. The mediation process remains the primary problem-resolution mechanism under the Employment Relations Act. Mediation has the unique twin benefits of confidentiality along with ‘off the record’ discussions (also called ‘without prejudice’ discussions).* After conducting hundreds of mediations each
Conflict in the workplace can arise from misunderstandings, differing opinions, stress, or other interpersonal dynamics both inside and outside the workplace. Effective de-escalation techniques can prevent these conflicts from growing into more serious issues. Senior Associate Campbell Gourlay outlines key strategies and skills to de-escalate conflict within the workplace. — And I’ve been putting out fire With gasoline – David Bowie When was the last time that you told someone to “just calm down”, and like magic, the person immediately
There are key considerations to be reconciled when contemplating exit negotiations, whether under the current provisions of the Act or those contemplated by the Employment Relations (Termination of Employment by Agreement) Amendment Bill. Senior Associate Lisa McWilliams-Smith writes about the proposed changes, requirements of the current legislation, and what employers and employees should consider when faced with exit negotiations. Member’s Bill ‘Termination of Employment by Agreement’ To refresh your memory; the Policy behind the Bill is to allow an employer
This time of year typically sees a large number of collective agreements up for renewal. With this in mind, what does good faith in collective bargaining look like? In this article, Senior Associate Raymond Wheeler recaps what good faith in collective bargaining means, how it can aid bargaining, and also how the term can be misused . What does good faith in collective bargaining mean? The requirement for good faith in collective bargaining is set out in Employment Relations Act
The decision around whether to investigate a workplace complaint can be difficult for employers. Employment Law Specialist and Barrister James Crichton outlines what employers should be considering in their assessment around whether to undertake an investigation. Employers frequently get into a stew about whether they should investigate a complaint, or not. It can be a bit of a balancing act. The first port of call has to be your company policies. Does it say you are obligated to investigate a
All business directors and owners have obligations under New Zealand law to provide safe, legally compliant workplaces. It is important that company directors and owners ensure their employment policies and procedures around health and safety are robust, and that employers go beyond compliance with rules and towards active engagement and continuous improvement. Employment Law Specialist and Barrister James Crichton outlines a recent decision of the Court in New South Wales (NSW) which is likely to be persuasive in New Zealand.
In a one-of-a kind ERA decision (June 2024), the Authority found that the Bank of New Zealand had unjustifiably terminated the employment of a whistleblower and breached good faith as the employee was subject to retaliation as a result. The case is significant as it highlights that protected disclosures should not be treated just like any normal complaint and the correct policies and procedures must be applied. What is a Protected Disclosure? Protected Disclosures are made by individuals, under the
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