Key Decision – Electrical Union 2001 Inc v Mighty River Power Ltd

Requirements Drug Alcohol Policies

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”).

Compliance Order Compensate Effects Unlawful Preference

The Employment Court agreed with the Authority in penalising the misleading and deceptive actions of a charitable trust that misled the unions it was bargaining with so that they believed government funding constrained it from agreeing to a greater increase in wages. It also agreed that the trust had conferred an unlawful preference upon non-union employees by giving them an increase backdated beyond that given to union members.

Collective Agreement Defining Otherwise Working Day Binding

A collective agreement (CA) between Holcim (NZ) Ltd (the employer) and the New Zealand Merchant Service Guild IUOW Inc (the union) which covered masters, deck officers and engineering officers on two named vessels defined what would be an “otherwise working day” for the purposes of the Holidays Act 2003.

98K Damages Breach Privacy Cake

The Human Rights Review Tribunal has found Credit Union Baywide, trading as NZCU Baywide, interfered with the privacy of a former employee by distributing a Facebook screenshot to Hawke’s Bay employment agencies with a warning against employing her.

Personal Grievance Pg

Under the Employment Relations Act 2000, a “personal grievance” is an action taken against an employer or former employer by an employee who claims to have been: • unjustifiably dismissed • disadvantaged in employment by an unjustifiable action of the employer • discriminated against • sexually harassed • racially harassed • subject to duress in relation to union membership, or • disadvantaged by the employer’s failure to comply with the Act’s requirements in relation to restructuring    situations

Employment Agreements Hires

With the recent amendments to the Employment Relations Act 2000 removing the “30-day rule” from 6 March 2015, there may be some confusion as to what employment agreement employers should be offering new employees.

Employment Relations Amendment Bill 2018

On 25th January 2018, the Government announced a new Bill to legislate for fairer workplaces.  The Bill is designed to provide greater protections to workers, especially vulnerable workers, and strengthen the role of collective bargaining in the workplace to ensure fair wages and conditions.

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