News & Views

Contractor or Employee – Uber New Zealand
The Court of Appeal ruled that 4 Uber drivers are employees, not independent contractors, by applying the correct legal test.

Christmas Party Etiquette
As the holiday season approaches, it is time to start planning your Christmas party.
While Christmas Parties are an opportunity to celebrate and relax, it is equally important to ensure it is safe and enjoyable for everyone involved.

What type of Employment Agreement should I use over the Holiday Period?
During the holiday period, some companies wind down, while others, especially those in hospitality or retail, experience increased activity.

Closedown Requirements – 14 days’ written notice
If you are planning to have a closedown of all or part of your business during the holiday season, you will need to provide 14 days written notice of your intention to close down.

Ensure Your Business Stays Compliant with New Zealand’s Employment Law.
Navigating HR compliance in New Zealand can be complex, with numerous laws and regulations governing employment practices. Here are some key areas of HR compliance:

Contractor or Employee
It is good to see the Minister for Workplace Relations is proposing to provide clarity as to the status of contractors v employees.

Working across the ditch - the differences between New Zealand and Australian Employment Law
One of our frequently asked questions pertains to the differences between Australian (AU) and New Zealand (NZ) employment laws.
Having head offices in AU and employees in NZ can pose challenges if you are not familiar with the variations in employment legislation and the requirements of employing staff in these two countries.
While AU and NZ share many common principles, there are key differences that if overlooked, can lead to complications and real implications for offshore AU businesses.
We aim to break down these differences for those of you in this situation.

New Government, New Employment Law
All business are now able to utilise the 90-day trial period even if you employ 20 or more people.
We discuss below the benefits of including a 90-day trial period clause in your employment agreement, as well as potential pitfalls you may encounter.

Job Descriptions & Policy’s
Why job descriptions are important? What should be in a job description? Effective Job Description Uses Policy Management & Top Policy’s

Christmas and Annual Leave
As we approach the holiday season it is the time of year for annual closedowns, Christmas parties but for some companies it can be the busiest time of year.
We get a lot of questions around Christmas party management, absenteeism, your ability to request employees to take annual leave and employment agreements therefore, we have prepared some guidance for you,

Managing in Tough Times
The Risks of Getting it Wrong
There are strict requirements regarding consultation, providing relevant information and potential redeployment options before an employer can reach a decision to disestablish positions. It’s not rocket science, but it is reasonably intricate.
If the process is found to be flawed and the outcome predetermined, employers face the risk of a personal grievance (PG) claim for unfair or unjustified dismissal.
The financial risks of a PG are significant. If a claim is successful, the cost includes a minimum of three months pay, compensation for hurt and humiliation and representation costs, let alone the value of time spent by the employer.

Reserve Bank Predictions 2023
Last week Reserve Bank Governor Orr predicted a very difficult year ahead. Recession in 2023 and minimal growth in the first half of 2024. Despite the inflationary pressure, low unemployment figures have been heralded by the government as an indicator that New Zealand is in reasonable shape. Adrian Orr’s message changed that with unemployment – currently 3.3% - predicted to rise to 5.7% in 2025.

COVID-19 Update - Wage Subsidy Declaration
Set out below is the Declaration which forms part of the COVID-19 Wage Subsidy. It is taken directly form the MSD website, however please use the Declaration posted on the website (link below) to ensure if any amendments are made, you are using the most up to date version.

Fair Pay Agreements - what they mean for New Zealand Employers
Working its way through Parliament, bearing the innocuous title of the Fair Pay Agreements Bill is legislation set to change the way employers and employees agree terms of employment in New Zealand.
In reality it is a return to compulsory sector wide bargaining where parties who negotiate terms may have little or no connection with employers and employees who are affected.

