Articles: Employment/Health and Safety

Did I Say That Out Loud?

I think we have all had those moments where we wish we could speak our minds about colleagues, employers/employees and sometimes even clients. But most people recognise that this would be inappropriate, or at the very least you value your job enough not to open your mouth. Unsurprisingly, if you are rude or uncommunicative your employer may be entitled to investigate any incidents and try to improve your performance. Depending on the nature of the incident, it could amount to serious misconduct.

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Employee pays employer for breach of Agreement

Employment law is contract law with a twist. The Government has sought to address the power imbalance inherent in an employment relationship through legislation. If an employment relationship were based on ordinary contractual principles then an employer could offer any terms and conditions it chose. Or, if a person were already in employment, the employer could terminate him or her without cause.

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The Vulnerable Children's Act and Safety Checking the Children's Workforce

Time and time again we are reading on the news, revelations of sexual abuse of children by adults entrusted to their care. The stories we read have involved children in all types of settings; schools, sports, church and many other after school activities. It is not unusual for athletes and adults to tolerate years of abuse before coming forward which is highlighted by the recent investigation by the British Football Association of widespread sexual abuse where up to 98 clubs have been affected in the investigations.

Research, and recent high profile cases like Christchurch caretaker Robert Burrett, and even as far away as Jimmy Saville, show that abusers tend to seek out positions of authority and trust that bring them close to children. This requires us to work out what is to be done to protect children from this and other forms of abuse. That’s why the mandatory safety checks under the Vulnerable Children’s Act 2014 are so important.

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Does swearing at your boss justify dismissal?

It is highly likely a lot of us can recall a time where we would have loved to have unleashed a tirade of expletives at specific people in the workplace in the heat of the moment.

Thankfully however, the lessons learned from reading The Art of Happiness by the Dalai Lama (highly recommended) have stopped me in my tracks most of the time!

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Service Tenancies - What you should know

A ‘service tenancy’ is where an Employer provides an Employee with a property to live in during the period of employment. Service tenancies are covered by the Residential Tenancies Act so the standard rules for Landlords and Tenants apply, however there are a couple of distinct differences each party should be aware of.

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