Employers can agree with employees that they will pay KiwiSaver contributions on a “total remuneration” approach whereby their wages are inclusive of the employer’s contribution.

Case Redundant Employee Reimbursed Lost Wages

Generally, when a redundancy has been found to be genuine but the procedure undertaken by the employer in effecting the redundancy is procedurally flawed, the employee will not be entitled to be reimbursed for the resulting loss of remuneration. However, as the Employment Relations Authority pointed out in Rose v New Leaf Beauty Therapy Ltd [2013] NZERA Wellington 32, even when a redundancy has been found to be genuine it is still necessary to consider whether, if the employer had acted fairly, a redundancy would have occurred. That consideration is necessary because, if the employee is able to provide plausible evidence of reasonable alternatives or other options that might have prevented the job loss, the employee may be able to prove that he or she lost remuneration as a result of the grievance (not of the redundancy) and therefore be entitled to be reimbursed for the lost remuneration.

Employees Paid Time Work Vote

Section 162 of the Electoral Act 1993 provides that employers are required to allow all their employees who are electors and who have not had a reasonable opportunity to vote on Election Day before starting work, to leave their work for the purpose of voting, no later than 3pm for the remainder of the day. An Employer cannot make deductions from the Employee’s remuneration for the time taken off.

Restructuring Redundancy Develop Proposal Change

Redundancy is generally considered to be a situation where an employee’s position is surplus to the employer’s commercial needs. Employers must be able to justify redundancies substantively (show that they are genuine) and procedurally (that a fair procedure was followed). An employer who fails to carry out a proper restructure process will be potentially liable for remedies such as compensation, penalties, lost remuneration and reinstatement.

Appeal Allowed Calculation Holiday Pay

In issue were the provisions pertaining to “relevant daily pay” that were in force before 1 April 2011. Though the Court deliberately refrained from commenting on how its decision might affect interpretation of the post-1 April 2011 provisions, the strong similarity of those provisions should certainly make this case of interest to those whose workers have elements of remuneration that they do not invariably receive.

Kiwisaver Employer Contributions

With the recent increase in the minimum rate of KiwiSaver contributions rising to 3% for both employees and employers, it is timely to examine the implications of KiwiSaver from both a financial and legal perspective.

Employment Relations Statutory Minimum Redundancy Entitlements Amendment Bill 2012

This Member’s Bill amends the Employment Relations Act 2000, to insert a new Part 6E to provide the following minimum statutory entitlements for employees in the event of dismissal for redundancy:

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