Trustees Liability under the Health & Safety at Work Act
In September 2020, a child was fatally injured on a dairy farm after his jacket was caught on a rotating shaft of a backing gate. The farm was held in a trust.
Worksafe filed charges in the District Court against both the trust and the three trustees of the trust under the Health and Safety at Work Act 2015.
The Human Rights Tribunal - an alternative path for resolving employment issues
The recent decision of BGH v Kumar [2024] NZHRRT 2 serves as a useful reminder that the Human Rights Review Tribunal (‘the Tribunal’) is a potential avenue for resolution of certain employment issues.
Changes to 90 Day Trial Periods
On 23 December 2023, the Government changed the use of trial periods in employment agreements so they can now be used by all employers, not just employers with 19 or fewer employees as had formerly been the case. It is important that employers and employees understand the basics rules around trial periods.
Changes to Raising Personal Grievances for Sexual Harrassment
To raise a personal grievance, employees usually need to inform their employer within 90 days of when the issue happened or when they found out about it (whichever is later). An amendment to the Employment Relations Act came into force on 13 June 2023. This amendment changes the usual time limit for raising a personal grievance to 12 months for sexual harassment, rather than 90 days.
A Quick Guide to Restructuring
The current economic climate in NZ means employers are facing the challenges of rising costs. As a result we are seeing organisational restructures becoming more common as businesses look at ways to reduce costs and/or increase efficiency.
The starting point is that an employer is entitled to reduce its workforce if it does not have the work available. Likewise employers can also make changes to their organisation to make it more efficient or more profitable.
However employers do need to ensure that the restructure is substantively justified and the process followed is fair otherwise they risk personal grievances being raised.
