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Dramatic Changes to the Holidays Act 2003

The Holidays Act 2003 will shortly undergo some of the biggest changes since it came into force on 1 April 2004. The Government established a Holidays Act Taskforce to review the Act and suggest improvements to address what was seen as a complicated and ambiguous Act. There were concerns that there was widespread non-compliance particularly […]

Troubles with triangular employment relationships

Another Bill has been recently introduced to Parliament intending to amend the Employment Relations Act.  The latest Amendment Bill focuses on triangular employment relationships, and seeks to ensure that employees employed by one employer, but working under the control and direction of another business or organisation, are not deprived of the right to coverage of […]

Could your volunteer actually be an 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. Under the Act, anyone who works for “hire or reward”, eg food and accommodation, is an employee in terms […]

Unjustified dismissal before employees started work

In a recent case out of the Christchurch Employment Relations Authority, two employees were unjustifiably dismissed before they had even commenced work. An important point to note is that the 90 day trial period was not able to be relied on because the employment had not actually commenced. Two female employees were employed to work […]

Appropriate employment agreements crucial

There are a variety of different types of employment agreements that can apply to employment relationships, including: Permanent full time Fixed term (temporary) Part time – permanent or variable hours Casual Contractor agreements (contract for services) are NOT employment agreements, and should be an entirely different document altogether. Employment agreement create the foundation of the […]

Holiday and sick leave entitlements of casual and part-time employees

In this article, we will address the following questions: I am preparing an employment agreement for a permanent part-time employee. We want to pay out their holiday pay on a “pay as you go” basis at 8% — is this OK? This part-timer will work two days per week, so how many sick days are […]

Recent case: Seasonal workers require fixed term employment agreements

An employer who employs seasonal workers must provide those workers with a fixed term agreement that complies in every respect with the Employment Relations Act 2000, section 66. An employer who has engaged a seasonal employee but has failed to provide for a fixed term and then dismisses the employee at the end of the […]

Part Time and Casual Employees

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 […]