Discretionary payments have been a relatively grey area for businesses, and employers have sought, by contract or by policy, to avoid their liability to include bonus payments in any annual leave payment calculations on these grounds.

As a mediator I have heard every word imaginable in my mediations. Parties and even legal representatives, sometimes use these words to describe what has been said for the shock value, but I am of the view it is important that we clearly understand what has been said and how it has been said. But what does it all mean?

A recent decision of the Employment Relations Authority (the Authority) made by Member Beck sitting in Christchurch, has attracted a significant amount of attention. The decision is GF v New Zealand Customs Service, 2021 NZERA 382. Put shortly, the Authority decided that Customs could dismiss the employee (GF) because the employee declined to get vaccinated for Covid-19.

As we find ourselves in yet another level 4 lockdown, I have reflected on my mediations post lockdown this time last year.

As we find ourselves in yet another level 4 lockdown, I have reflected on my mediations post lockdown this time last year. Following lockdown in 2020, we saw a huge number of urgent mediation requests. There were two main reasons for this: As result of employment relationship problems that had not be addressed before lockdown and escalated because of lockdown. Interpersonal relationship problems between colleagues that festered during lockdown.

Money, money, money. A concept that both employers and employees can probably agree is one of the most important elements of working and business, and also something that can get stuck in your head, either in a good way or a bad way (similar to an ABBA song).

Money, money, money. A concept that both employers and employees can probably agree is one of the most important elements of working and business, and also something that can get stuck in your head, either in a good way or a bad way (similar to an ABBA song). 

I recently had a conversation with a friend of mine, and we discussed his business and its challenges. He was complaining about issues he was having with his employees. The exact words were “bloody staff” followed by other words in a similar vein which I won’t bore you with. As the conversation progressed, he shared his thoughts that all you actually need is a machine and a dog, the machine to do all the work and the dog to keep people away from the machine.

As many of you will be aware, the Government has introduced a new work visa which comes into effect from 1 November 2021. This new visa is the Accredited Employer Work Visa (AEWV) and it replaces six current visa types.

The topic of employee wellbeing has grown louder over the last few years. Now, it’s about to be even louder. While not officially law, the Holidays Amendment Bill has now passed its third reading and is currently awaiting Royal Assent, which means it’s safe to say that it’s on its way.