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Employment Today, HR Solutions - Thomson Reuters

Employment Today, HR Solutions - Thomson Reuters



Protecting Employees

What's New

Protecting Employees — What's New
Alert24
This “What's New” records additions to commentary or legislation as they appear online. It also contains occasional items of general news but does not claim to be a full news service. For more comprehensive news please refer to our Alert24 news service.
12 December 2019
The following cases have been added:
• 
Davis v On All Floors (2016) Ltd [2019] NZERA 313 – age discrimination, at [2.2.09];
• 
Hennessy v Attorney-General [2019] NZHRRT 4 – employment status discrimination, at [2.2.11(1)]; and
• 
Soares v Fullstop Ltd [2018] NZERA Wellington 62 – racial harassment by employer, at [3.3.01(1)];
The following topics in the commentary have been updated:
• 
discrimination on the basis of employment status at [2.2.11];
• 
adverse treatment on the basis of being a person affected by family violence (s 62A Human Rights Act 1993) at [2.4(2)(b)];
• 
remedies for unlawful discrimination – adverse treatment for being a person affected by family violence at [2.11(b)];
• 
terms of employment agreements within the first 30 days of employment at [4.3.09];
• 
Commissioner and functions of the Equal Employment Opportunities Commissioner at [5.2.03];
• 
flexible working arrangements, including flexible working arrangements for person affected by family violence at [5.4.08];
• 
sample complaint forms for discrimination and harassment at [6.3];
• 
the members and functions of the Human Rights Commission, the Office of Human Rights Proceedings, the Director of Human Rights Proceedings and the Human Rights Review Tribunal at [7.2.01];
• 
the Human Rights Review Tribunal at [7.2.03];
• 
the table of employment institutions at [7.3.01];
• 
MBIE Employment Mediation Services at [7.4];
• 
the overview of the Employment Relations Authority at [7.5];
• 
sample anti-discrimination and EEO policies at [8.1]; and
• 
sample sexual and racial harassment policies at [8.2];
4 April 2018
The following cases have been added:
• 
Nakarawa v AFFCO New Zealand Ltd [2014] NZHRRT 9 — accommodating religious practice: [2.2.03(1)(b)];
• 
Roy v Board of Trustees of Tamaki College [2016] NZEmpC 20 — accommodating no religious belief: [2.2.04];
• 
B v Waitemata District Health Board [2017] NZSC 88 – smoking is not a disability: [2.2.08(1)(d)] and [2.2.15(1)(a)];
• 
Adoption Action Inc. v Attorney-General [2016] NZHRRT 9 – age versus maturity: [2.2.09(1)(c)];
• 
Wadsworth v Auckland Council [2013] NZHC 413 [2013] NZAR 430 – protesting in public spaces: [2.2.10(1)(d)];
• 
Alpine Energy Ltd v Human Rights Review Tribunal [2014] NZHC 2792 – recruitment agency as agent of employer – [2.7.03(2)];
• 
Mikolajcyk and Plus Pac Packaging Solutions Ltd AA56/10, 10 February 2010 – standard of proof in restrictions on the family status ground of discrimination at [2.8.11(2)]; and
• 
MacGregor v Craig [2016] NZHRRT 6 – remedies for sexual harassment at [3.6];
Commentary
The following topics in the commentary have been updated:
• 
discrimination in employment at [2.4];
• 
definition of employer at [2.4.01];
• 
definition of employee at [2.4.02];
• 
discrimination in employment agreements at [2.5.06(1)];
• 
causing detriment to employees at [2.5.07];
• 
strict liability in the offence of causing racial disharmony at [2.6.03];
• 
exceptions to the prohibition on age discrimination in employment at [2.8.08];
• 
damages under the Human Rights Act 1993 at [2.11.01];
• 
damages awarded under the Employment Relations Act 2000 at [2.12.01(3)];
• 
Diversity Works NZ (formerly the EEO Trust) at [5.2.04], [5.6.02], [8.1];
• 
Human Rights Commission at [7.2.01]; and
• 
jurisdiction of the Employment Court at [7.6.01];
4 November 2014
Commentary
• 
H v A Ltd [2014] NZEmpC 189 – Complaint handling — Internal complaints — Guidelines for investigating complaints of discrimination and harassment — Rights of person complained against — Fair investigation required: 6.2.01(6)(a).
13 March 2014
Updated Documents
• 
Chapter 8 — Sample Documents, has been fully reviewed and updated to reflect current law and processes.
6 March 2014
Updated Documents
• 
Chapter 7— Complaint Handling: External,, has been fully reviewed and updated to reflect current law and processes.
3 March 2014
Updated Documents
• 
Chapter 6— Complaint Handling: Internal, has been fully reviewed and updated to reflect current law and processes.
28 February 2014
Updated Documents
• 
Chapter 5— Policy Development, has been fully reviewed and updated to reflect current law and processes.
• 
Chapter 4–Adopting Non-Discriminatory Practices, has been fully reviewed and updated to reflect current law and processes.
26 February 2014
Updated Documents
• 
Chapter 3— Sexual and Racial Harassment Law, has been fully reviewed and updated to reflect current law and processes.
21 February 2014
Updated Documents
• 
Chapter 2— Anti-Discrimination Law, has been fully reviewed and updated to reflect current law and processes.
23 January 2014
Updated Documents
• 
Chapter 1— Overview, has been fully reviewed and updated to reflect current law and processes.

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