Constructive Dismissal Aspects Final Straw
In Barclay v Richmond Services Ltd  NZERA Auckland 126, the employee claimed she had been constructively dismissed. She said…
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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.
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.
Chester Borrows, 24 June 2014
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.