Recently, in the decision of The Salad Bowl Ltd v Amberleigh Howe-Thornley [2013] NZEmpC 152, the Employment Court (Court) has scrutinised the practice of using pre-employment work trials.  We can take some valuable lessons from this case to limit employer’s risk of using pre-employment work trials in the future.

Investigation finds safety guard installed on day of injury was “too little too late”.

A penalty of $50,000 payable to the employer has been imposed on an employee who breached his employment agreement with the employer at least 263 times.

Employing family members can lead to problems as the case noted below shows. Family members should always be given written employment agreements and be paid at least the minimum wage.

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.

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.

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.

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.

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.

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.