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Reflections on the 1951 Waterfront Workers strike/lockout

“Never A White Flag”, the memoirs of Jock Barnes, the leader of the 1951 Waterfront Workers strike/lockout – was the war cry of New Zealand’s longest industrial dispute, and according to the waterfront workers it was a lockout, not a strike. What I learned when reading Barnes’ account was that much of what the union […]

Understanding and applying the “30 day rule”

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. We have developed some Q&A’s that will hopefully help determine whether a new employee should be covered by an individual employment agreement […]

Compliance order made to compensate for effects of 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 […]

Employment Agreements for New 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. The answers to the questions below should help determine whether a new employee should be covered by an individual agreement or […]

New Zealand Law Society recommends clarification to avoid unnecessary litigation

26 September 2013 The New Zealand Law Society has recommended clarification of proposed changes to clauses in the Employment Relations Amendment Bill. In its submission to the Transport and Industrial Relations Committee the Law Society said proposed changes to clauses 7, 8 and 9 will remove the “duty of good faith” requirements that parties in […]

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. Both parties, taking into account the […]