7-May-14

In total 44 farms were visited between December 2013 and early April 2014 and 31 were found to be in breach of minimum employment rights.

Key Decision – Electrical Union 2001 Inc v Mighty River Power Ltd

Ms Balmaceda was employed by Amphibian Swimming Academy Limited (the respondent) as a swimming instructor on 10 June 2013 until she was dismissed on 15 August 2013 pursuant to a 90 day trial provision in her employment agreement. Ms Balmaceda filed a personal grievance alleging unjustified action by the respondent which caused her disadvantage. The unjustified action was the refusal to pay her wages.

Employers can agree with employees that they will pay KiwiSaver contributions on a “total remuneration” approach whereby their wages are inclusive of the employer’s contribution.

It is not uncommon to see that when an employee is subjected to a disciplinary investigation process, he or she is advised to keep the matter confidential – or even instructed to keep all information relating to the matter strictly confidential.   This can go as far as restricting the employee to only being able to discuss the matter with the employer, or the employee’s representative. The question is, without an express provision contained within an employment agreement or employer policy, are confidentiality instructions actually lawful and reasonable?

At times, we come across employee’s representatives who wish to conduct their own investigation into a misconduct matter, in parallel with the employer’s investigation.  This is in an attempt to assist the employee to adequately respond to allegations made against them.  Often, this may include the request to interview other employees and potentially customers, and results in both the employer and the representative being engaged in the same, but parallel process. Needless to say this makes things rather complicated!

In an interesting Human Rights Review Tribunal case (Waters v Alpine Energy Ltd [2014] NZHRRT 8), a prospective employer was recently ordered to disclose confidential information to an unsuccessful candidate for two positions. The information required to be disclosed included information about the successful candidates and information from referees – despite the usual expectation of confidentiality.

Accidents and injuries that occur in the workplace are not only dangerous and distressful; they can result in very hefty fines.  Below is a collection of recent examples of how employers have failed to take “all practicable steps” to protect their employee’s from harm.

WorkSafe says this case is a reminder to all involved in construction of how much they rely on fellow workers to do things properly.