A costly mis-steak?
It almost sounds like something out of Ramsay’s Kitchen Nightmares. Mr H was employed as a chef at a family run hotel. It was owned by Mr and Mrs D, and their daughter, S, and S’s partner T also helped manage the hotel. T often helped in the kitchen.
A Lesson on Suspension
The following decision is a good reminder that Employers need to ensure they follow their own policies and procedures when dealing with Employees.
A Court of Appeal decision involved a bus company (“R”) who suspended an employee (“M”) after he was charged with alleged sexual assault.
Restructuring - genuine proposals must be considered
Restructuring is one area where employers really do need good advice as the following precautionary tale demonstrates.
W had been at Opus for 35 years, working in the HR department. During 2014 she was advised that Opus was beginning a consultation process, with the view of restructuring the HR services in NZ. At the time W was the HR coordinator, which involved handling leave applications, monthly reporting requirements and inducting any new employees. There were four members of the team, with one member - Ms D - being away on parental leave at the time of the consultation.
When being yourself amounts to serious misconduct
‘Reason’ can be defined as a rational ground or motive, a sufficient ground of justification or a statement offered in explanation. Alternatively, it can be described as a rather good rock pop song from the early 2000s. Apologies if that song is now playing in your head.
In employment law, an employer is required to provide an employee with reasons for their dismissal, as well as taking the proper procedural steps before letting someone go. An employer’s decision must also be fair and justified. So while not liking an employee personally may be a reason to avoid them, it is not a valid reason for dismissing them.
Paying the price for bullying
Cases of workplace bullying have been in the news a fair bit recently. It’s not an insignificant issue in New Zealand, with a 2013 survey showing that New Zealanders suffered the second highest rate of workplace bullying in the developed world, with nearly 1 in 5 workers being affected.
It’s an important issue for employers to be aware of. By law, bullying is a health and safety issue, and Work Safe New Zealand have published best practice guidelines on “Preventing and responding to workplace bullying” to assist employers.
