90 Day Trial Period Trip

Since 1 April 2011, the 90-day trial period has been available to all employers regardless of the number of employees.  Employers now have the opportunity to hire new employees subject to a trial period of 90 days or less. In the event that an employee is dismissed during the trial period, they are prevented from taking a personal grievance for unjustified dismissal.  However, employees can still still take a personal grievance on other grounds.

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Constructive Dismissal Aspects Final Straw

In Barclay v Richmond Services Ltd [2014] NZERA Auckland 126, the employee claimed she had been constructively dismissed. She said the employer wished to be rid of her and she listed a number of incidents for which she had been disciplined during her employment and claimed that a complaint that she had bullied a client which led to a fifth disciplinary matter was the “final straw” that forced her to tender her resignation.

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Sick Leave Acc

Question: An employee has had a workplace accident. The employee has sick leave available. I understand they are entitled to be paid for the first week (or part thereof) to compensate them for lost earnings, at 80% of what they would have earned that week. Can an employee choose to receive sick leave rather than 80% of their standard wage when they have a workplace accident?

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Employee Contractor 3

Whether a person is acting as an employee or an independent contractor depends upon the provisions of the agreement, and the real nature of the relationship between the parties. Contractors do not have the same rights as employees, and should therefore seek advice from a lawyer, accountant or other advocate, before entering into this sort of working arrangement.

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Case Employees Redundancy Solution Practicable

Employers who are considering making employees redundant must properly consider any proposals put forward by affected employees. If this is not done the employer will not have acted in a fair and reasonable manner and any dismissal for redundancy may be found to be unjustified.

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