The barrier to challenging Authority determinations on procedure (section 179(5) of the Employment Relations Act 2000) continues to present problems. Notwithstanding the Act’s objective of allowing the Authority a clear run in its investigations unimpeded by challenges, there is no avoiding the fact that “procedural” is not synonymous with “minor” or “technical”.  Nowhere is this more stark than on occasions in which the Authority has declined to make a non-publication order (of names and/or details). As Judge Inglis noted recently in H v A Limited “[t]he horse will have well and truly bolted” in terms of the damage done to parties and also affected non-parties if such a decision goes unchallenged until the Authority has completely finished its investigation.

It’s important to follow a structured process when hiring a new employee, to ensure you get the right person for the job.  A thorough recruitment process should include the following five items which are expanded upon below:

Effective 1 April 2015, there are changes to the tax treatment of allowances that you might provide your employees. Allowances are payments made to an employee in addition to their salary or wage and can include payments for accommodation, food or clothing.

28-Jan-15

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.

Introduction

Michael Woodhouse

Recruiting new employees

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.

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.