Learnings from NSW SafeWork case for Directors around maintaining employment law standards

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.

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Protected Disclosures: What employers need to know

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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Show me the money: Understanding the increases in compensation for employment disputes in New Zealand

The employment jurisdiction has traditionally been known for being modest in terms of awards made to successful individuals, specifically those seeking compensation for hurt and humiliation suffered. However, this perception is increasingly changing with awards being paid far in excess of what has been awarded previously. In this article, James Crichton and Madeline Wrigley summarise the changes in the compensation model used by the Employment Relations Authority and Courts, and the impacts this is likely to have on the expectations

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The importance of preparing for collective bargaining

Collective bargaining is a cornerstone of the employment landscape in New Zealand, serving as a critical process through which employers and unions negotiate terms and conditions of employment. In this article, Senior Associate Adrian Tocker outlines why good preparation for collective bargaining is essential, and the key considerations and communication aspects that employers should cover in their planning for collective bargaining. Collective bargaining While Mike Tyson said “Everyone has a plan until they get punched in the mouth”, (and that’s

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How to investigate conflict in the workplace

Most people prefer not to argue, but disputes and conflicts in the workplace are unfortunately common and can be damaging to both individuals and organisations. In some cases, managers or human resources teams may be required to know how to investigate an allegation against a staff member or manager. Here, we outline the types of workplace conflict which can require investigation, and what to consider when starting an investigation. Types of conflict which may require a workplace investigation Conflict can

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What are the pros and cons of offering voluntary redundancy?

Voluntary redundancy has been widely offered as part of the change proposals that are being reported in the public sector. But what are the pros and cons of voluntary redundancy? Voluntary redundancy is a tool often utilised when an organisation needs to make cost savings fast and has identified reduction of headcount as an option to do so. It has been widely reported that New Zealand’s public sector has been offering voluntary redundancy to workers within certain areas of their

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Living Wage set to increase

The Living Wage for 2024/25 is set to rise to $27.80 in Sept 2024, a 6.9% increase from the previous rate of $26.00. The increase is linked to the 6.9% increase in NZ’s average ordinary time hourly rate in the June 2023 Quarter, which is the mean value of wages and salaries paid per hour, excluding overtime. According to Stat NZ, this rate rises and falls as the type of work being done changes. What does this increase mean? If

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Case of Interest: Initiation of Bargaining but No Employees in Coverage?

The Authority issued an interesting, and arguably controversial, decision with its release of this determination earlier this month.*  In the decision, the Authority was asked to decide if the Cooperative had validly initiated collective bargaining with HPS or not. The Cooperative said its notice to initiate collective bargaining complied with the law while HPS said it was not bound to respond because it did not employ athletes (a statement of fact) and that there is no relevant employment relationship. So

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The 2024-2025 Outlook for Wage and Pay Rates

I have been involved in bargaining for collective agreements for over 25 years now and the bargaining environment over the last 12 months is nothing like I have ever seen before.  Expectations between Employees, Unions and Employers are wildly apart.  Bargaining is taking significantly longer and there is a greater willingness of Employees to resort to strike action if their claims are not being met.  The crux of these differences in 99% of cases is a focus on wage and

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Local Politics is Rough and Tumble…

Local Politics is Rough and Tumble, but its about learning strategies to be resilient throughout the rough and tumble. As we enter the second year of the triennium, elected members and council officers are faced with a few challenges including that most councils across New Zealand are predicting potentially large rates increases and/or controversial changes to their annual budget in order to fund essential infrastructure and services. Compounding these challenges is the threat that such unpopular decisions will result in

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