Articles: Employment/Health and Safety

When is a 'trial' really employment?

If an employer wants to test a prospective employee’s suitability for the role, they can, and should, use an employment agreement which includes a 90-day trial period.

Employers should never have a work trial (i.e. a one-off shift) before the employment agreement has been signed by their employee. This can be a costly mistake!

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Memo to Staff - Christmas Party

To emphasise our committment to health and safety, we have reassessed this year’s Christmas party.

To minimise the risk of accidents occurring whilst you travel to and from the venue we are going to have this year’s Christmas party on Zoom. At 8.00 p.m. you are all invited to log on from the comfort and safety of your living room and enjoy the party.

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Uber, Gloriavale & Employee Status

Employees have significantly more protection under the law than contractors. They are entitled to annual leave, sick leave, bereavement leave and cannot be terminated on notice.

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What is a Genuine Redundancy?

A redundancy occurs when job or position is no longer required by the employer due to genuine business reasons e.g., operational changes, technological advancements, or economic downturns.

A recent case in the Employment Relations Authority (“ERA”) illustrates the difference between a genuine redundancy and an unfair dismissal which would give rise to liability for a personal grievance. For the purposes of this article, we will refer to the employee as “Maisie” and the employer as “Farm Services.”

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Restructuring a business - consultation trumps confidentiality

A recent case Birthing Centre Ltd v Matsas serves as a reminder that consultation plays an important part of an employer undertaking a restructure, even when there are concerns around confidentiality.

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