Blakely v ACM New Zealand Ltd [2013] NZERA Christchurch 9 provides a textbook example of how not to initiate a “without prejudice” discussion about termination of employment.

Case Time Lieu Agreements Written

Any agreement regarding time in lieu to be taken for working over agreed hours should be written into the employment agreement. The agreement should also make it clear whether the time owed will (or will not) be paid out on the termination of employment. If that is not done an employer may face an unexpected claim on termination of the employee’s employment.

Dismissal Incompatibility

Question: My client B has an employee who B has come to thoroughly dislike. The employee is a black hole of self-pity and misery. B dreads seeing the employee in the morning and has reached the stage where everything the employee does drives B to distraction. The employee’s employment agreement provides for termination of employment on four weeks’ notice. Can B legally dismiss the employee with four weeks’ notice? If not, is there any other action B can take to remedy the matter?

90 Day Rule Raising Personal Grievance

In accordance with section 114 of the Employment Relations Act, every employee who wishes to raise a personal grievance must raise the grievance with his or her employer within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period.

Performance Management

Performance management brings together the organisation’s goals and strategies, its human resources policies and practices, and all the elements of good people management and employee communication — integrating them into an organisation-wide process for planning, managing, reviewing, rewarding and developing people and their performance.

Volunteer Employee

If you thought working for food or accommodation was volunteering, think again. By law, anyone working in return for food and accommodation is an employee in accordance with section 6 of the Employment Relations Act 2000.

Confidentiality Investigation Process 2

It is not uncommon to see that when an employee is subjected to a disciplinary investigation process, he or she is advised to keep the matter confidential – or even instructed to keep all information relating to the matter strictly confidential.   This can go as far as restricting the employee to only being able to discuss the matter with the employer, or the employee’s representative. The question is, without an express provision contained within an employment agreement or employer policy, are confidentiality instructions actually lawful and reasonable?

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