employment law

This area of EMA Resources deals with employment law issues affecting employers. Articles have been written by our team of employee relations consultants and lawyers and are based on the kinds of things they help our members with every day.

If there is something new you would like to see covered please Contact Us and let us know.

The Employment Law area includes:

October 2008

Transfer of Public Holidays

Published: 7/10/2008

The Holidays (Transfer of Public Holidays) Amendment Act 2008 amends the Holidays Act 2003 to allow for the transfer of public holidays in certain circumstances.

September 2008

SUMMARY OF THE EMPLOYMENT RELATIONS (BREAKS AND INFANT FEEDING) AMENDMENT BILL

Published: 8/9/2008

Statutory Rest and Meal Breaks

Published: 5/9/2008

The Government has amended the Employment Relations Act 2000 to include statutory minimums for rest and meal breaks.  Do your practices comply?

July 2008

Aged Care Meca 2008

Published: 9/7/2008

Legal action has been taken against a large number Aged Care Providers in New Zealand - does this affect you?

August 2007

Full Court Decides Important Rules on Strike Suspensions

Published: 10/8/2007

This ruling means that employers faced with strike action need to act very carefully and ensure the numerous technical requirements of the ERA are met.

March 2007

Employment Law Update - Part 3

Published: 12/3/2007

Employer shouldn’t accept resignation in heat of moment but instead use period to cool off - Restraint of trade is unenforceable when no consideration paid for the period of restraint - Passing on terms of collective permissible if no intention or effect of undermining collective ...

February 2007

Communication During Collective Bargaining

Published: 23/2/2007

Court Of Appeal clarifies communication during collective bargaining.

June 2006

Taxing Employment Awards

Published: 9/6/2006

Most payments need to be taxed. The only exception is a payment for genuine hurt and humiliation.

July 2005

Holidays Act 2003 Resources

Published: 5/7/2005

The Holidays Act 2003 is effective from 1 April 2004. This new legislation creates a raft of new obligations and concepts for employers which will require a complete review of existing practices and employment agreement provisions that apply to holidays and other forms of leave. The following resources are available to our members.

October 2004

Employment Relations Amendment (No. 2) Act

Published: 21/10/2004

Our summary of the changes to the Employment Relations Act 2000 which apply from 1 December 2004.

Holidays Amendment Act 2004

Published: 20/10/2004

Our summary of the changes to the Holidays Act 2003.

Employment Law Update - Part 2

Authority confirms when holiday pay can be paid with pay - Swearing not abusive behaviour - Dismissal during probationary period did not abide by requirements of procedural fairness - Employer unable to rely on unwritten probationary period - Authority awards $25,000 over content of wheetbix box ...

Criminal Records (Clean Slate) Act 2004

The effect of the clean slate scheme for eligible individuals is that they may answer a question asked about their criminal record by stating that they don’t have one.

Significant Employment Law Cases

Download significant employment cases.

The Smoke-Free Environments Act 1990

We summarise changes to the Smoke-free Environments Act 1990 that became effective on 10 December 2004.

Is Employment On A Fixed Term Possible?

Fixed term employment is expressly provided for in the Employment Relations Act 2000 but specific rules apply.

Employment Relationship Problem Resolution Process

EMA sample clauses.

The Mediation Process Under The ERA 2000

Facing an employment relationship problem? We describe the mediation process.

Can I Suspend An Employee?

Yes, in some circumstances an employer can suspend an employee. But be careful!

What Is Employment Relations Education Leave?

The Employment Relations Act 2000 provides an entitlement to paid employment relations education leave. This is set out under Part 7 of the Act.

Union Access Rights

We examine the rights that unions have to access your workplace.

Health and Safety in Employment Amendment Act 2002

We summarise the changes to the law that became effective from 5 May 2003.

Do You Know How To Deal With A Redundancy?

Redundancy, like any form of termination, is open to challenge by an affected employee. We look at how employers should manage a redundancy situation.

Decision Maker Must Carry Out Inquiry

Although not a new development this case serves to demonstrate that a dismissal can be found unjustified if the ‘decision maker’ does not substantially carry out the investigation into the alleged misconduct.

Locked Out By An Employer’s Customer

By Richard Searle

The recent Employment Authority decision in Ward v Spotless Services (NZ) Ltd and Sealord Group Ltd affirmed an organisation's right to refuse access to employees of a contractor working on its site.

Holidays Act 2003 Entitlements – Advice To Employees

The Holidays Act 2003 requires that all employers inform employees at the time they enter into employment about their entitlements under the Act. This page contains sample notices that employers can use to comply with the law.

Do you want to find out more?

• HR
• Wage And Salary
• OHS
• EMA Facts
• Handy Stuff