lastest news in employment law

August 2015 Newsletter

Published 01 Aug 2015
This Issue

ICT Policy Needed to Dismiss.

A company dismisses an employee for excessive internet use and running 2 online businesses while at work. The Employment Relations Authority concur with the employee that it was unjustified and award $5000....full story

How to - Hazard Assessments

Hazard management from within the Employers Toolbox online is one of the main features of the Health & Safety module. Read on for a quick over-view on recording and managing workplace hazards within our cloud Health & Safety system....full story

Inconclusive Investigations Costs Employer

 A hasty investigation into employee theft cost the employer $8000 in the Employment Relations Authority hearing due to lack of process once again....full story

Unenforceable Employment Agreement Clauses

A recent case in the Employment Court demonstrates how difficult it is for Employers to withhold Employee's pay even though both parties agree to do so in an employment agreement....full story

Sale or Transfer of Business Changes

Since the Employment Relations Amendment (2014) Act (effective from 6 March 2015)  introduced new requirements in respect of liability for service-related entitlements (e.g. sick leave and annual leave) of transferring employees. These costs must now be apportioned between the current and new employer. If the employers cannot reach an agreement then the costs are apportioned as follows:
  • The current employer is liable for costs they would have to pay if the employee had ceased employment before the restructuring occurred (e.g. annual leave).
  • The new employer assumes responsibility for the costs of any service-related entitlements not payable on termination (e.g. sick leave or bereavement leave).