Articles: by Mary-Jane Thomas

Worker availability - is 24/7, 365 legal?

A recent decision of the Employment Court is set to change the working hours and structure of ‘wharfies’ (waterfront workers) around New Zealand, after a stevedoring contractor which operates around the country has had availability provisions in their employment agreements declared unlawful.

Read more...

Vaccine mandates - rights and obligations for employers and employees

I have been holding off writing anything about Covid vaccination mandates in the hope that the legal position would become clearer. At this time we have only received government guidance but not the confirmed legislation. As I write this article on Friday 22 October 2021 it has not become clearer but hopefully I can give some broad guidance.

Read more...

ERA further endorses Covid-19 vaccine mandate

A month after upholding NZ Customs’ dismissal of a temporary employee for non-compliance with the COVID-19 Public Health Response (Vaccinations) Order 2021, the Employment Relations Authority (ERA) has further highlighted the role of the government’s vaccine mandate in the context of frontline employment.

Read more...

When the bubble bursts - Can I be fired if I get stuck in Australia?

The Trans-Tasman bubble opened, paused, opened and is now closed again and New Zealanders have been trying to get home during the 7 day window allowed by the New Zealand government. So from an employment law perspective, what happens if an employee gets stuck in Australia for an indefinite period of time?

Read more...

Covid vaccinations - can my employer make me have one?

Two questions:

  1. Can my employer force me to get the Covid-19 Vaccine – Unlikely, in most cases no
  2. Can I ask an applicant for a job if they are vaccinated – Yes

Read more...