Collective Bargaining Landscape – July 2025
As we pass the midpoint of 2025, the collective bargaining landscape in New Zealand is marked by economic strain, legislative upheaval, and rising industrial action.
As we pass the midpoint of 2025, the collective bargaining landscape in New Zealand is marked by economic strain, legislative upheaval, and rising industrial action.
An employer was ordered to pay an employee wage arrears for four days’ sick leave taken in March 2014 despite the fact the employee only produced vague medical certificates to justify the leave in April 2014.
The question of whether privilege can be lifted with regard to communications made “without prejudice” has recently met with roughly the same response as the question of whether what happens in mediation can be disclosed.
The likelihood for confusion to occur over when the 28 days for filing a challenge to an Employment Relations Authority determination expires has been much reduced by a recent decision of the Employment Court. In making its decision, the Court refused to follow the earlier decision of the Court in Vice-Chancellor of Lincoln University v Stewart.
A company that agreed with an employee to pay him an incentive payment if he remained with it until a certain date, or was made redundant or unjustifiably dismissed prior to that date, found that it was obliged to pay holiday pay on the incentive payment when it made him redundant.
Since 1 April 2011, the 90-day trial period has been available to all employers regardless of the number of employees. Employers now have the opportunity to hire new employees subject to a trial period of 90 days or less. In the event that an employee is dismissed during the trial period, they are prevented from taking a personal grievance for unjustified dismissal. However, employees can still still take a personal grievance on other grounds.