The first ground for her application was that, being a criminal offence, the alleged blackmail could not form part of the “purposes of mediation” referred to in section 148 of the Employment Relations Act 2000 and therefore fell outside the statutory confidentiality granted by that section. As an alternative, she asserted that the alleged blackmail fell within the exception considered, but not determined, by the Court of Appeal in Just Hotel Ltd v Jesudhass (2008) 8 NZELC 99,137. The Court there had opened the possibility of “evidence of serious criminal conduct” during a mediation being admissible, as a public policy exception.

In accordance with Section 69OI(1) of the Employment Relations Act 2000 (the “Act”), an employee protection provision means a provision—

ACC has expanded its ‘Workplace Safety Discount Programme’, which offers levy discounts to businesses with demonstrated workplace health and safety experience and practices.  The programme is now open to all small to medium-sized businesses and self-employed people. Previously, it was aimed at those working in identified, high-risk industries.

The Employment Relations Authority determined that an unjustifiably dismissed employee had suffered the loss of a benefit because he had to cancel a pre-arranged holiday and it awarded the employee the amount of the cancellation fee.

An employer who dismissed an employee for failing to disclose a medical condition that could have affected his employment was held to have good grounds for terminating the employee’s employment.

The starting-out wage will give employers a real incentive to give young people a foothold on the employment ladder. Three groups will be eligible for the starting-out wage.

An employee must raise a personal grievance with his or her employer within the period of 90 days from the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period (Employment Relations Act 2000, section 114).

There have recently been two pre-employment ‘trial’ trial period cases before the Authority, which seem to have had conflicting determinations made.  Yet again, more questions have been raised regarding the interpretation of the 90 day trial period legislation, section 67A of the Employment Relations Act 2000.

It is worth remembering that an employer who defends a claim of unjustified dismissal by arguing the dismissal was justified because the employee’s position had become redundant cannot then claim that any award for unjustified dismissal should be reduced for contributory conduct by the employee.

Posted on: Mar 15, 2013 Question: We have an employee who is taking maternity leave and her final date of employment is within two weeks of the first of the Easter statutory holidays. The employee has either taken accrued holidays or will be paid out her entitlement when she leaves.  Are we obligated to pay her any of the Easter statutory holidays, given she is leaving our employment very close to the Easter break? Answer: Because the employee’s employment is