Case of Interest: Initiation of Bargaining but No Employees in Coverage?
The Authority issued an interesting, and arguably controversial, decision with its release of this determination earlier this month.* In the decision, the Authority was asked
The Authority issued an interesting, and arguably controversial, decision with its release of this determination earlier this month.* In the decision, the Authority was asked
We’ve all heard about the controversial “Massey v Wrigley” case, which has redefined the way we need to conduct our selection processes when restructuring, at least for the time being. We’re hoping this piece of case law will change before too long, and Government has indicated that if it’s not resurrected through the Courts then a law change will be looked at around this in the future.
It is unlawful to advertise in a manner that indicates an intention to discriminate or could reasonably be understood as indicating an intention to discriminate. It is also unlawful to allow a discriminatory advertisement to be published. Thus, an employer that places a discriminatory advertisement and the newspaper that runs the advertisement both act unlawfully.
Employers are not expected to keep a sick or incapacitated employee’s job open for an indefinite period. However, the dismissal of a sick or incapacitated employee must be substantively justified and procedurally fair.
There is no legal definition of part-time and casual employees. Generally speaking, part-time workers are employed on a permanent basis for less than the ordinary number of hours per week. Part-timers may, for example, work for a few hours a day or for a few days a week on an ongoing basis. Part-time workers have all the rights and entitlements of full-time workers.
It was argued, however, that all were required to pick up litter before performing their various maintenance tasks and that this, combined with other tasks such as cleaning work vehicles and public barbeques, constituted the provision of cleaning services notwithstanding that the bulk of their tasks were, variously, gardening, mowing, edging, the maintenance of fixtures or horticultural labouring.
The case law is relatively clear regarding drug and alcohol policies and it’s important that you get all elements right or it won’t be worth the paper it’s written on!
Employment agreements may include a term (called an abandonment clause) to the effect that an employee who fails to attend work for a consecutive number of days (usually a minimum of three days), without consent or without notifying the employer shall be deemed to have abandoned his or her employment. In such a situation, the employee is treated as if he or she had terminated the employment and there is no dismissal.
The most commonly used social media sites include:
There are two major Employment Court cases on drug and alcohol testing in the workplace: NZ Amalgamated Engineering Printing and Manufacturing Union Inc v Air New Zealand Ltd (‘Air NZ”) and Maritime Union of New Zealand Inc v TLNZ Ltd (“MUNZ”).
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