News and insights
The latest news and insights from the KTC team.
Employment Court clarifies the distinction between a dispute and a personal grievance
The recent decision of Breen v Prime Resources Company Limited considered an argument which drew a distinction between a personal grievance and a dispute.
Appeal to Employment Court yields roughly double the remedies plus a penalty
The Employment Court ordered a new penalty against an employer payable to a former employee who had been dismissed in what the Court described as a “mixed motive” redundancy.
2023 Employment Law Year in Review
We have recently seen some significant shifts in the employment landscape and in our seminar.
Dismissal for offensive Facebook posts upheld as justified by the Court
In the recent judgment of Turner v Te Whatu Ora Health New Zealand [2023] NZEmpC 158, the Employment Court considered a challenge from a nurse who was dismissed from her job at the District Health Board (DHB) for posts she made on her Facebook page outside of work hours.
Tikanga values applied to assess employer
A recent Employment Court judgment has held that individualised assessment and consultation was required before an employer could justifiably dismiss an employee on account of their vaccination status.
Unique Health and Safety Strike in Hospital Upheld in Employment Court
In a recent judgment, the Employment Court considered an application by Te Whatu Ora for urgent interim orders to restrain an intended “health and safety” strike by nurses and care assistants at Gisborne hospital.
Employment Court casts spotlight on “systemic and deliberate exploitation of migrant workers”
A recent judgment by the Employment Court is considered a "high-water mark" case concerning penalties for extensive breaches of several migrant workers' minimum employment standards.
Quasi employees? New law thrusts film industry workers into the limelight
The Screen Industry Workers Act is a radical change in how screen workers are engaged in New Zealand as it permits contractors to bargain collectively without becoming employees. The operative provisions of the Act will take effect on 30 December 2022.
Agreement must first be sought before instructing an employee to take leave
A recent decision of the Employment Court demonstrates the matter is not so simple as just giving employees an instruction to take annual leave.
Heat of the moment resignations — the Employment Court goes back to the basics
What action should an employer take when an employee resigns in an emotional outburst? Accept? Wait? Refuse?
New law ramps up protections for whistleblowers
The Protected Disclosures Act 2022 was recently passed into law and comes into effect on 1 July 2022, updating the Protected Disclosures Act 2000 (PDA).
The Gloriavale legal proceedings – were they employees?
The Employment Court has considered the interesting and significant issue of whether former members of Gloriavale were employees or not.