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.

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.

Case Employee Ordered Pay Training Cost

An employer successfully sought recovery of training costs incurred by it in respect of a Diploma in Advanced Automation undertaken by an employee, who denied liability for the training costs.

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.

Employment Agreements Crucial

There are a variety of different types of employment agreements that can apply to employment relationships, including:

Key Decision Employer Discriminates Failing Accommodate Employees Sabbath Observance

An employee whose religion required him to observe the Sabbath (in this case, from sunset Friday to sunset Saturday) was successful in the Human Rights Review Tribunal in his case of religious discrimination. He had obtained a job at AFFCO’s meatworks, being asked merely if he was available for overtime. In similar employment previously, overtime had been voluntary and the employee had been able to fit it around his Sabbath observance. So, when asked by AFFCO, he had merely answered in the affirmative.

Fortnightly Minimum Wage Order

This is in response to a recent Court ruling that found a week is the longest period which salaried workers could be assessed for compliance with the Minimum Wage Act.

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