Skip to Content, Skip to Navigation
Advertisement

Employment Today, HR Solutions - Thomson Reuters

Employment Today, HR Solutions - Thomson Reuters



Hiring Employees

What's New

Hiring Employees — What's New
Alert24 People Management
This “What's New” records additions to commentary or legislation as they appear online. It also contains occasional items of general information but it is not a news service. For comprehensive news please refer to our Alert24 People Management service.
30 July 2019
Commentary
The following content has been updated:
• 
the elements of collective employment agreements, [1.5.03];
• 
the basis of personal grievance claims, [1.5.03(4)];
• 
information on collective agreements containing a rate of wages or salary, [1.5.03(7)];
• 
the information sharing obligations of employers, [1.5.04(3)];
• 
the preparation checklist for collective agreements, [1.5.09];
• 
the sample appendix on Holidays Act entitlements to family violence leave, [1.6.01(4)];
• 
availability provisions in the sample employment agreement, [1.10.01(10)(b)];
• 
parental tax credit and Best Start, [2.8.12];
• 
KiwiSaver exempt employer status, [2.13.03];
• 
union access to work places, [3.3.04(3) and (7)];
• 
good faith duty and the conclusion of bargaining, [3.4.01(7)];
• 
the 2019 Code of Good Faith in Collective Bargaining [3.4.01(8)];
• 
end to Authority determinations that bargaining has concluded, [3.4.02];
• 
effect of resignation from union, [3.4.08];
• 
who is bound by a collective agreement, [3.4.10];
The following cases were added to the commentary:
31 May 2019
Legislation
The following commentary has been updated with the Employment Relations Amendment Act 2018:
• 
individual employment agreements at [1.2.07(1)];
• 
new employees’ terms and conditions of employment at [1.2.07(2)], [1.3.02], [1.5.04(3)] and [3.4.10];
• 
90-day trial periods at [1.4.05(2)], [1.10.01(9)] and [5.2.04];
• 
probationary periods of employment at [1.10.01(8)] and [5.2.04];
• 
union access to workplaces at [2.3.03(8)];
• 
initiation of collective bargaining at [3.4.04];
• 
multi-party collective bargaining at [3.4.05];
• 
the “active choice” form and the induction process at [5.13.01(1)];
The following commentary has been updated with the Domestic Violence–Victims’ Protection Act 2018:
• 
sample individual employment agreement at [1.10.01(23)];
• 
sample casual employment agreement at [1.10.04];
• 
sample collective employment agreement at [1.10.05];
• 
employee benefits at [4.5.04];
The following commentary has been updated with the Minimum Wage Order 2019:
• 
starting-out and adult wage rates at [2.4.02];
The following commentary has been updated with the Equal Pay Amendment Bill:
• 
pay equity at [2.6.02(2)];
• 
introduction to KiwiSaver at [2.13];
• 
savings suspensions at [2.13.02];
Commentary
The following content has been updated:
• 
express terms of employment agreements at [1.7.01(1)];
• 
the definition of real estate agents at [1.8.01];
• 
good faith in collective bargaining at [2.3.02(4)];
• 
access to personnel records at [5.11.02(3)];
The following cases were added to the commentary:
15 February 2019
Legislation
The following commentary has been updated with the Employment Relations Amendment Act 2018:
• 
strikes and lockouts at [1.5.08];
• 
union access to workplaces at [2.3.03] and [3.3.04]; and
• 
the definition of wages at [2.5];
7 August 2018
Legislation
• 
the minimum wages rates have been updated with the Minimum Wage Order 2018 at [2.4.02];
• 
commentary on the extension of paid parental leave to 22 weeks from 1 July 2018 has been updated at [2.8], as has the rate of paid parental leave;
• 
the commentary on the now-withdrawn Employment (Pay Equity and Equal Pay) Bill has been updated at [2.6.02];
• 
the Contract and Commercial Law Act 2017 has been added to the commentary at [1.2.02], and [1.2.10];
• 
the Employment Relations Amendment Bill has been added to the commentary at [1.2.07], [1.4.03], [1.4.05], [2.3.02] and [2.3.03].
Commentary
The following content has been updated:
• 
the list of employment-related legislation has been updated at [2.14].
The following cases were added to the commentary:
• 
AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trade Union Inc [2017] NZSC 135 at [1.5.07]
• 
South Canterbury District Health Board v Sanderson [2017] NZEmpC 129 at [2.4.02];
• 
Holman v CTC Aviation Training (NZ) Ltd [2017] NZEmpC 60 at [2.5.05];
• 
• 
27 November 2017
Legislation
Commentary has been added concerning ss 5(1A) and 5A of the Wages Protection Act 1983 at [2.5.03].
Information on the Employment (Pay Equity and Equal Pay) Bill is provided at [2.6.02].
Commentary
The following cases were added to the commentary:
• 
Modern Transport Engineers (2002) Limited v Phillips [2016] NZEmpC 68: valid trial period found despite there being no written employment agreement — see [1.4.05].
• 
Clark v Lighthouse ECE Ltd [2016] NZERA Auckland 281: valid trial period where start date of employment contained in schedule to employment agreement — see [1.4.05].
• 
AFFCO v New Zealand Meat Workers & Related Trade Union Inc [2016] NZCA 482: unlawful lockout of seasonal workers — see [1.5.08].
• 
Ministry of Health v Lowe [2016] NZCA 369: relief care worker deemed not to be a 'homeworker' as defined in s 5 of Employment Relations Act 2000 — see [1.8.01].
• 
Kidd v Beaumont [2016] NZEmpC 158: 'volunteer' deemed to be an employee — see [1.8.01].
• 
Radius Residential Care Ltd v the New Zealand Nurses Organisation Inc [2016] NZEmpC 112: gathering of union members to picket and protest deemed not to be a 'union meeting' within meaning of s 26 of the Employment Relations Act 2000 — see [2.3.03].
• 
New Zealand Meat Workers and Related Trades Union Inc v South Pacific Meats Ltd [2017] NZERA Christchurch 121: union organiser found to be lawfully on work site; employer should have known not to issue trespass order against the organiser — see [2.3.03].
• 
Sanderson v South Canterbury District Health Board[2017] NZERA Christchurch 37: considered whether anaesthetic technicians on call were engaging in work for purposes of the Minimum Wage Act 1983 — see [2.4.02].
• 
Labour Inspector v Tech 5 Recruitment Limited [2016] NZEmpC 167: trade testing costs recouped from the wages of workers recruited overseas was an unlawful premium in breach of s 12A of the Wages Protection Act 1983 — see [2.5.04].
• 
Borsboom v Preet PVT Ltd and Warrington Discount Tobacco Ltd [2016] NZEmpC 143: disproportionate penalties replaced with higher penalties — see [2.5.05].
• 
Chief Executive of the Department of Inland Revenue v Buchanan (No 2) [2005] ERNZ 767: a breach of the IRD code of conduct by IRD employees justified dismissal, regardless of the employee's knowledge of its contents — see [4.4.08].
• 
New Zealand Basing Limited v Brown [2016] NZCA 525 and Brown v New Zealand Basing Ltd [2017] NZSC 12: age discrimination provisions in the Employment Relations Act 2000 did not apply to pilots contracted to work under a contract that Hong Kong law applied to — see [5.9.04].
• 
Hammond v Credit Union Baywide [2015] NZHRRT 6: breach of Principle 11 of the Privacy Principles in the Privacy Act 1993 — see [5.10.03].
4 April 2017
The following content has been updated:
• 
commentary on minimum wages rates has been updated with the Minimum Wage Order 2017 at [2.4];
• 
commentary on parental leave notice requirements has been updated with the Parental Leave and Employment Protection Amendment Regulations 2017 at [2.8.12].
15 November 2016
Legislation
The Health and Safety at Work Act 2015 came into force on 4 April 2016. The commentary has been amended for this Act at the following places: [1.10] Sample individual employment agreements and [2.11] Workplace stress.
The Minimum Wage Order 2016 increased the minimum wage rates from 1 April 2016: [2.4.01] and [2.4.02]].
The Parental Leave and Employment Protection Amendment Act 2016 introduced a number of changes including the following:
• 
changes to the threshold test for parental leave [2.8.01];
• 
increased entitlement to paid parental leave from 16 weeks to 18 weeks from 1 April 2016 [2.8.01];
• 
renamed maternity leave to primary carer leave and changed the entitlement and length [2.8.02], [2.8.03];
• 
renamed partners/paternity leave to just paternity leave [2.8.04];
• 
amended extended leave entitlements [2.8.05];
• 
amended the notice requirements for parental leave [2.8.10]; and
• 
amended the entitlement thresholds to paid parental leave [2.8.12].
The Wages Protection Amendment Act 2016 permitted a general deductions clause to be added to employment agreements, but prohibited unreasonable deductions [2.5.02]. The requirements for wage and time records have been updated at [2.5.05].
The Holidays Amendment Act 2016 amended the requirements for holiday and leave records: [2.7.01(6)].
The Employment Relations Amendment Act 2016 introduced s 67H dealing with secondary employment provisions [1.10.01(39)].

From Hiring Employees

Table of Contents