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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 […]

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 […]

Recent case: Failure to disclose use of mystery shopper deceptive

Section 4(1) of the Employment Relations Act 2000 imposes an absolute duty on the parties to an employment relationship not to mislead or deceive the other. In McManus v Home Direct Ltd [2013] NZERA Christchurch 98, an employer’s failure to tell an employee, who was dismissed for failing to follow proper sale procedures, that the […]

RESTRUCTURING, CONSULTATION AND GOOD FAITH

Employment Protection Provision In accordance with Section 69OI(1) of the Employment Relations Act 2000 (the “Act”), an employee protection provision means a provision— (a) the purpose of which is to provide protection for the employment of employees affected by a restructuring;     and (b) that includes— (i) a process that the employer must follow in negotiating with […]

Pitfalls of the 90-day trial period – employers beware!

This article was originally written in 2012.  We have revised and updated the content according to further developments in case law.  Please see the new article “Don’t let the 90 day trial period trip you up” published in August 2014. The 90-day trial period has been extended to all employers regardless of the number of employees.  […]