Articles

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.

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Discretionary Bonus Payments - a significant win for employers

On 26 October 2021, the Court of Appeal released their decision Metropolitan Glass & Glazing Limited v Labour Inspector, Ministry of Business and Innovation and Employment which overturned the previous employment court decision.

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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.

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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.

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Buying and selling houses during the Covid-19 pandemic

Despite the global pandemic, New Zealand’s property market has been buoyant with house prices continuing to rise. With relatively low interest rates, many New Zealanders are taking the opportunity to cash in or upgrade to a bigger or newer property.

To prevent setbacks, most Agreements for Sale and Purchase contain covid-19 clauses that addresses how conditions and settlement should occur if the alert level changes. But what happens if an Agreement does not include such a clause?

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