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• 90 Day Probationary Period (Part II)

  Saturday, September 04, 2010 by Mary-Jane Thomas, partner category Work to Rule

  Last week I discussed the implications of really the first Employment Court decision regarding an employee who was dismissed by an employer relying upon the 90 day trial period which was brought in on 1 March 2009.

  You will recall that the Employment Court found that, for a number of reasons the employer could not rely upon that section. 

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• 90 Day Rule

  Saturday, August 28, 2010 by Mary-Jane Thomas, partner category Work to Rule

  There has been a lot of media attention over the last week about the “landmark” Employment Court decision regarding the 90 day rule. Although it is quite interesting and confirms that Employment Agreements should be entered into before Employees start work, I don’t think it is as much a breakthrough as the media has made it out to be.

  Ms S was employed for two-and-a-half or so years at a pharmacy. She developed experience in pharmacy retail and was well regarded by her employers. The employers then sold the business. They met with their five staff to announce this and to introduce them to the new purchasers of the pharmacy. 

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• The 'Cockroach Case'

  Saturday, August 21, 2010 by Mary-Jane Thomas, partner category Work to Rule

  Employers are able to tell employees to do things as long as they are lawful and reasonable. If an employee fails to follow the instruction this can, as long as the process followed is reasonable, result in lawful dismissal.

  To illustrate this please read with baited breath the saga of the cockroach case.

   

  Mr F was an employee of Purity Foods which made pies (that is probably irrelevant to this case but nonetheless quite an interesting fact if you are a pie eater).

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• Depression in the workplace

  Saturday, August 14, 2010 by Mary-Jane Thomas, partner category Work to Rule

  I have often considered doing a column on this week’s topic but for various reasons shied away from it. Since more and more people coming to see me about employment issues turn out to have been suffering from depression it seems a good time to raise what is a very prevalent issue when one is an employment lawyer.

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• Serious Misconduct

  Saturday, August 07, 2010 by Mary-Jane Thomas, partner category Work to Rule

  There has been a recent decision of the Employment Court where an employee admitted they had committed serious misconduct and the Court decided that a “fair and reasonable employer” would not have dismissed the employee given the circumstances.

  Often employers go direct from a finding of serious misconduct to dismissal. This case confirms that one does not necessarily follow the other.

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• Court of Appeal decision - Long Service Leave

  Saturday, July 31, 2010 by Mary-Jane Thomas, partner category Work to Rule

  A very interesting case has come out in the Court of Appeal about the affect of the additional week’s holiday that was introduced in April 2007.

  I am particularly relieved with the decision because it is in accordance with advice I have given in the past.

   

  The case was taken by a Meat workers union. Meat workers were employed under a collective agreement which provided that an employee would, upon completion of six years current continuous service with the company , be entitled to an additional week of annual holiday. That was negotiated at the time that employees would have gone from three weeks to four weeks.

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• New Employment Provisions

  Monday, July 26, 2010 by Mary-Jane Thomas, partner category Work to Rule

  Prime Minister John Key recently announced some proposed changes to aspects of employment law and practice. 

  The most controversial is the extension of the “fire at will” 90 day trial period to all employers not just those employing less than 20 people. This will allow all employers to negotiate a trial period with potential new employees that allows the employer to hire them, and then to fire them without having to give a reason and without having to face legal action for dismissing them (except in some limited circumstances).

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• Employers' Rights

  Saturday, July 17, 2010 by Mary-Jane Thomas, partner category Work to Rule

  Last week Brian wrote about what a personal grievance is and how it is only open to an employee to utilize that process when problems arise.

  There are also options for employers to recover losses in certain circumstances against employees. In the main employers rights depend upon what is in the employment agreement.

  For example, how does an employer deal with an employee who resigns without notice to start with a competitor and taking confidential information with them?

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• Personal Grievances

  Saturday, July 10, 2010 by Brian Richardson, HR Adviser category Work to Rule

  What is a PG?      

  A PG is the abbreviation for Personal Grievance.

   

  A personal grievance is a legal term based on the entitlements granted by the Employment Relations Act 2000.

   

  Personal grievances have been around in some form or another for decades. They are what allow an employee to dispute a decision made by the employer that affects them to their disadvantage.

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• Paid Parental Leave

  Saturday, July 03, 2010 by Mary-Jane Thomas, partner category Work to Rule

  I am often asked about parental leave. These questions and answers relate to mothers having children as opposed to adopting children, when some different provisions apply.   

  How much notice do I have to give to take parental leave?

  You must write to your employer at least 3 months before the expected date of birth stating what type of leave you want, when you want it to start and how long you want to take off. You must attach a copy of a certificate from your doctor or midwife stating when baby is due.

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