Case Time Lieu Agreements Written

Any agreement regarding time in lieu to be taken for working over agreed hours should be written into the employment agreement. The agreement should also make it clear whether the time owed will (or will not) be paid out on the termination of employment. If that is not done an employer may face an unexpected claim on termination of the employee’s employment.

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Case Annual Averaging Minimum Wage Permitted

An employer’s claim that weekly wages that were less than the minimum wage, paid to a farm worker when cows were being milked, could be offset against wages that were higher than the minimum wage, paid to the worker when the cows were dry, so over the year the employer was complying with the Minimum Wage Act 1983 was unsuccessful.

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Medical Council Released

On 30th October 2013, the Medical Council released its updated standards for doctors writing medical certificates. Employers are welcoming this update, which has come about from a recent period of review – including submissions from interested parties.

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Making Variations Employment Agreement

The world doesn’t stand still, it’s constantly moving and so it the environment in which businesses operate.  Hence, it is very common that the circumstances under which you employed someone may change, and you therefore need to make amendments (or variations) to an employment agreement.

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Freeze Order Served Auckland Businesses Fined Labour Breaches

On 25 October, the Ministry of Business, Innovation and Employment’s Labour Inspectorate served freezing orders which were granted by the Employment Court, on three companies operating Auckland convenience and liquor stores owing over $200,000 for breaches of employment law.  It is the first time the Labour Inspectorate has used section 190 of the Employment Relations Act 2000 in attempt to secure outstanding wage and holiday pay and penalties.

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A Expiration Annual Leave

Jessie is employed by Magic Hire Ltd, a company which hires out costumes. Jessie has 40 days of annual leave owing to her. The company has asked Jessie on a number of occasions to reduce the number of days owing to her. However, Jessie has not taken any leave.

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A Cashing Week Annual Leave

An employee is entitled to four weeks of annual leave. The employee has a large amount of annual leave owing. Both the employer and the employee have agreed that the employee can cash up any portion of the annual leave entitlement.

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