Mediation Trends – October 2025
Senior Associate Lynn Booker reflects on the trends seen by our team in workplace mediations, including the rise of team conflict, and the growing impact
Senior Associate Lynn Booker reflects on the trends seen by our team in workplace mediations, including the rise of team conflict, and the growing impact
Ever had an employee repeatedly refuse to follow management instructions by either responding combatively or ignoring the instruction, even for what may seem like simple yet repeated instructions? Two cases from the Authority* recently considered these very scenarios and found that a reasonable employer could consider that persistent breaches of a lawful and reasonable instructions amounts to serious misconduct, resulting in the loss of trust and confidence in the employment relationship and warranting dismissal. In these recent cases the instructions
There’s been a lot of talk recently about AI and the impact AI will have or is currently having on the future of employment relations. Chat GPT has already proven remarkably adept at recruiting, researching, writing, analysing and designing. Scarily so. However, something that I think AI will never be able to do and is something I’ve noticed, particularly post-Covid 19, is the art of holding difficult conversations. During the outbreak, and especially while we were all in isolation, employers
AI in the workplace – the genie is out of the bottle! (Disclaimer 1 – this article was NOT generated or enhanced by any AI intervention) (Disclaimer 2 – Such disclaimers may very well become the norm – watch this space!) Just like every other occupation or profession, HR and ER professionals are faced with a plethora of new challenges following OpenAi’s decision to release ChatGPT and to make this ‘new toy’ available to one and all. This is certainly
Mediations can now be completely remote via virtual alternatives, face-to-face, or a hybrid of both in-person and virtual. With so many options, deciding which format is the most effective and how to adopt the best approach brings challenges. In this article, we explore how face-to-face mediation is still the more desirable option and its benefits, such as building connection and relationships, enhancing communication and, most importantly, developing trust, which is crucial for resolving conflicts. The Case for Face to Face
On 6 April 2023 the ERA issued a determination in the case of Associations of Professional and Executive Employees Inc and Anor v The Secretary for Education, which answered the question of whether unpaid interns were in fact employees. The answer, in this case, was yes. What’s interesting about this case is that it involved students undertaking a practicum placement with the Ministry of Education that was required to complete their university degree programmes. The interns were paid a scholarship,
Our team of HR and ER experts collectively have over 250 years’ experience doing the hard yards around anything to do with employment relations and conflict resolution. We often reflect that many of the complicated employment matters we are required for start off small. However, they escalate because of a natural tendency by employees – and very often their managers – to either ignore the issue and hope it goes away, or to second guess themselves. The downside of this
The Employment Relations Authority (the Authority) have found that resignations resulting from concerns of personal safety in the workplace and a failure to address these concerns can result in constructive dismissal, paired with a hefty price tag. In this case, a 17-year-old employee resigned after just 19 days of employment, stating they did not feel safe to return to work. The employee was also not provided with an employment agreement, despite requesting one. The Authority therefore considered what a reasonable
Well, we are off to an interesting start to 2023, for those of us interested in minimum entitlements legislation. An Employment Court decision has ruled that the owners of four alcohol retail stores are personally liable to pay five former employees wages and holiday pay, totalling $259,685. The owner of the businesses has also been banned from employing anyone for a year. Employment Court cases can be lengthy. However, in this case, the Labour Inspectorate and the Respondents filed a
Last December the Fair Pay Agreements Act come into force. This Act enables unions to negotiate the employment terms and conditions for whole industries or roles across multiple industries at once. Many businesses across New Zealand don’t realise the wide reaching implications this will have for them. Businesses that have little or no union involvement, or consider they are paying their staff well above minimum rates often think an FPA will have little effect on them. This is unlikely to
A recent case by the Authority has warned against a rushed summary dismissal process even if the conduct or behaviour by an employee is serious misconduct. An employee working at a Club was “instantly dismissed” after the Employer became aware of the employee retaining a club members’ food and drinks voucher and used it to purchase food and drinks for his own personal consumption as well as taking an opened bottle of wine from the club premises. While neither party