Articles: Employment/Health and Safety

Volunteers v Employees

Volunteers are a valuable asset to our community. Those who give up their time and help others whether it be for a sporting, cultural , school, or charitable cause all contribute to a sense of community.

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Things that make me scream.

I drove to work today listening to National radio. By the end of my 10 minute drive I was so incensed I decided I would have to swap back to listening to talkback radio – or my sons Rap music.

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90 Day Trial Periods To Go

The Labour government has announced its first big change to employment law today, which is expected to have its first reading in early February; businesses which have more than 19 employees will no longer be able to hire and fire employees under the 90-day trial period scheme.

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Zero Hour Contracts

Availability provisions were in the headlines last year following the reaction of workers to what were termed “zero hour contracts”. These were contracts that did not guarantee any weekly hours for workers, but workers were prevented from working elsewhere.

The law was amended to prevent this and now we see its first application in the Courts. Unfortunately the Employment Court decision has not provided all the answers that we would have liked, but there are some useful points to take away from it.

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Can I take clients with me?

Employers in businesses that are dependent upon good relationships with clients in a competitive industry often wish to include restraints in their employee’s employment agreement.

There are two common types of restraints that we often see. These are:

  1. Restraint of trade: where the employee is prohibited from working in the same industry as the employer within a certain distance of the employer’s premises, for a certain amount of time after employment ends.
  2. Non-solicitation: where the employee is prohibited from ‘soliciting’ clients of their former employer, for a certain period of time after employment ends.

This article focuses on what a non-solicitation clause means in practical terms.

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