Articles: Employment/Health and Safety

I hereby offer you employment

By law, good faith behaviour is required when entering into individual employment agreements. The essence of the obligations imposed on employers by the Employment Relations Act 2000 is to provide employees with the necessary rights to address the imbalance in bargaining power between them and the employer.

Often overlooked are the obligations on employers when offering employment to prospective employees. Let’s consider what must be done.

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The Great Fish & Chip Incident of 2007

It is important in business, as it is in life, to read the small print. This is also true when you are signing employment agreements.

I say this to lead into a public apology that I feel obligated to make following the Cottage Kindergarten’s disco and fish and chip night.*

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ACC for Employers

It is well established that Accident Compensation Corporation (ACC) law and the intricate process in which it operates can be a very difficult system for employers and claimants to navigate. Consequently when an employee is off work with an ACC-covered injury, an employer can find themselves a bit lost.

Given that many Employers need help covering the basics here are some commonly asked questions regarding ACC that could make your life easier.

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Who is recording you?

Under the Crimes Act, it is a crime to record a private conversation that you are not a party to. The offence requires you to deliberately record people in conversation who believe that they have an expectation of privacy.

It is not, however, an offence to record a conversation that you are a party to. Despite this, the legality of recording conversations where only one party knows they are being recorded does get hazy in the employment sphere.

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Dismissed for taking a muesli bar from a kid

Mr E was employed at a supermarket as a ‘loss prevention officer’ from November 2012. My interpretation of this job is like a security officer for food. Personally I’m not sure I could sit and watch people buy food all day, I’d get jealous. One of the required tasks of Mr E’s role was to monitor the cameras that overlook the self-checkout area to ensure customers were actually paying for the products.

The employee noticed a child in the self-checkout area eating a muesli bar, which he thought had come from the store. He called the supervisor in charge of the checkout on the floor to inform her of what he had seen. Mr E maintained that to do this was common practice and consistent with the training he had received. Seems like the logical thing to do, right? However upon being approached by the supervisor, the customer said she felt as though she was being accused of theft and made a complaint. As it turns out she had scanned the barcode for a box of muesli bars, and simply given the kid one.

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