Deductions Pay Employers Consult First

In accordance with the Wages Protection Act 1983, an employer may make deductions from wages payable to an employee for any lawful purpose with the employee’s written consent.  Written consent includes consent in a general deductions clause in the relevant employment agreement, or on the employee’s written request.  Under s 5A of the Act, an employer must not make a deduction, however, if that deduction is unreasonable.

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Reduction Remedies Permissible Act

Among other interesting things, in this recent case the Employment Court closely examined remedies, and in particular the effect of s 124 in reducing remedies to account for an employee’s contributing behaviour.  In other words, where the employee’s behaviour or conduct (the actions of the employee) contributed towards the situation that gave rise to the personal grievance, then the amount of remedies awarded may be reduced accordingly.  Actions that would normally result in a reduction in remedies are those which may be categorised as being “culpable” or “blameworthy”.

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Office Hours Holiday Season

Our office will be closed from Friday 23rd December and reopens 16th January.  However, there will be people on call so if you need anything urgent over this period please contact:

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Calculating Holiday Pay

We’ve had a lot of questions lately about the calculation of annual holiday pay, whether to use ordinary weekly pay or average weekly earnings, and what should be included in the calculations.

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Charging Individual Complying Elaborate Privacy Act Requests

When employment relationships start to go pear shaped, employers are often faced with very generalised Privacy Act requests, which can be difficult and time consuming to comply with.  We refer to such requests as a ‘fishing expedition’, whereby an individual makes a formal information privacy request for all information about themselves pursuant to Principle 6 of the Privacy Act 1993.

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