With the official results for this year's election due tomorrow, New Zealanders have voted for change with a National-led government. While employment law policies have not been a significant feature of National's campaign, we can expect some…
https://anthonyharper.co.nz/wp-content/uploads/2023/11/what-national-led-government-means-for-employment-anthony-harper-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-11-02 13:22:132023-11-02 13:22:13What employers can expect under a National-led government
On 30 June 2023, Chief Judge Inglis of the Employment Court determined that the New Zealand Customs Service (Customs) did not act as a fair and reasonable employer in terminating the employment of a worker (referred to as GF).
https://anthonyharper.co.nz/wp-content/uploads/2023/07/implications-from-nz-employment-court-customs-decision-june-2023-anthony-harper-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-07-31 13:24:492023-07-31 14:28:32Four key points from the Employment Court’s latest decision against Customs
In the span of a few years, Artificial Intelligence (AI) has showcased its potential to revolutionise the way we live, work, and interact. However, for many of us, the concept of AI and what it holds for the future remains a grey area.
https://anthonyharper.co.nz/wp-content/uploads/2023/07/legal-risks-associated-with-ai-anthony-harper-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-07-18 21:45:182023-07-18 21:59:13Legal risks associated with the use of AI
Many organisations have raised concerns regarding the relationship between AI (particularly public AI), and personal and/or confidential data.
Anyone using public AI, such ChatGPT, could potentially breach privacy and/or confidentiality…
https://anthonyharper.co.nz/wp-content/uploads/2023/07/ai-privacy-and-confidentiality-anthony-harper-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-07-18 21:43:322023-07-18 21:58:38AI, privacy and confidentiality
The ability of AI to process complex queries and deliver an articulate response in a matter of seconds can lead to users treating the output as fact.
The reality, however, is that AI delivers information and makes decisions based off the…
https://anthonyharper.co.nz/wp-content/uploads/2023/07/bias-reliability-issuse-with-ai-use-anthony-harper-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-07-18 21:42:072023-07-18 21:58:02Bias and reliability issues with AI-generated content
The AI landscape continues to evolve with organisations embracing and incorporating this cutting-edge technology into their operations.
While AI's potential to provide significant benefits, including increased efficiency and cost savings,…
https://anthonyharper.co.nz/wp-content/uploads/2023/07/developing-workplace-policy-ai-use-anthony-harper-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-07-18 21:41:432023-07-18 21:49:30Developing a workplace policy for AI use
Chief Judge Inglis has made it clear for the second time that "the tail will not wag the dog" when it comes to the employment status of former Gloriavale residents.
Last week, she held that six former female Gloriavale residents were employees…
https://anthonyharper.co.nz/wp-content/uploads/2023/07/gloriavale-residents-employment-status-anthony-harper-2023-1030x579-1.jpg5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-07-17 14:02:512023-07-17 14:07:53Gloriavale – A cautionary tale
The issue of whether gig workers are employees continues to work its way through our Courts.
On 8 June 2023, the Court of Appeal granted Uber the right to appeal the Employment Court's landmark case of E Tu inc v Rasier Operations BV determined…
https://anthonyharper.co.nz/wp-content/uploads/2022/10/Untitled-design-1.png5791030Adeline OConnorhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngAdeline OConnor2023-06-13 15:24:502023-06-13 15:25:51Uber allowed to appeal decision on driver employment status
Employers are likely to need to update their employment agreements next month (or shortly afterwards) to comply with changes regarding the timeframes for employees to raise personal grievance claims.
The Employment Relations (Extended Time…
https://anthonyharper.co.nz/wp-content/uploads/2023/05/sexual-harrassment-law-change-nz-2023-anthony-harper-1030x579-1.jpg5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2023-05-09 09:01:502023-05-09 10:25:01How to prepare for the new sexual harassment law change
Fair Pay Agreements (FPAs) have long been on the government’s workplace agenda as part of their strategy to protect vulnerable employees. The FPA Bill passed through Parliament last week and the new legislation will be effective from 1 December…
https://anthonyharper.co.nz/wp-content/uploads/2022/03/Untitled-design-8.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2022-10-31 07:04:432022-11-07 14:50:24Fair Pay Agreements Act will commence on 1 December 2022
In a landmark decision issued yesterday, the Employment Court has held that four Uber drivers were employees, not independent contractors.
This decision highlights the growing risk that technology platforms and companies using gig workers…
https://anthonyharper.co.nz/wp-content/uploads/2022/10/Untitled-design-1.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2022-10-26 09:04:082022-11-07 14:56:01Uber drivers held to be employees
Last month, Health and Safety Partner, Grant Nicholson and solicitor in the Employment Team, Lauren Dennehy, visited lovely Nelson to present seminars at the Annual Tourism Export Council New Zealand Conference.
Grant discussed the current…
It is difficult to believe that slavery still exists in today's society, but the unfortunate reality is, it does.
Modern slavery and worker exploitation remains in both the domestic and international supply chains and whilst our current laws…
https://anthonyharper.co.nz/wp-content/uploads/2022/05/Control-Slavery.png5791030Megan Fromonthttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngMegan Fromont2022-05-12 15:29:352022-11-07 15:07:28Combatting modern slavery – proposed new duties across the supply chain
The Government has introduced the Fair Pay Agreements Bill to Parliament this week. The purpose of the new law will be to provide a framework for collective bargaining for industry or occupation wide Fair Pay Agreements' or 'FPAs' that will…
https://anthonyharper.co.nz/wp-content/uploads/2022/03/Untitled-design-8.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2022-03-31 16:18:212022-11-07 15:13:14A significant reform to New Zealand’s labour laws: the Fair Pay Agreements Bill.
Thinking about the Easter/ANZAC holidays? Which ever way you like to enjoy your Easter, retail employers need to be aware of the special rules that apply to shop trading on these days of special significance.
Shops are required be closed all…
https://anthonyharper.co.nz/wp-content/uploads/2022/03/Untitled-design-1.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2022-03-29 14:10:362022-03-29 14:26:57Easter and Anzac trading restriction – what are retail employers allowed to do?
Menopause has far reaching impacts on the lives of women, and as more stay in paid employment longer, on workplaces, too.
Some employers might jump to risk mitigation first. However, leadership specialist Kate Billing and Anthony Harper…
https://anthonyharper.co.nz/wp-content/uploads/2022/03/AH-podcast-linkedin.jpg9001600Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2022-03-16 13:14:142023-10-24 11:44:17Menopause – what employers need to know
On 2 February the Government announced the details of a proposed nation-wide Income Insurance Scheme (IIS).
The implementation of such a scheme in New Zealand is a significant reform, potentially the largest since the adoption of the ACC…
https://anthonyharper.co.nz/wp-content/uploads/2022/02/Untitled-design-8.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2022-02-04 11:05:522022-03-16 15:14:54Income insurance in New Zealand – a saving grace or undue burden?
This article was originally published on the Legalwise website on 19 November 2020.
An employee has recently been awarded $20,000 plus three months' wages as a result of the employer failing to properly address complaints of bullying
https://anthonyharper.co.nz/wp-content/uploads/2020/11/articles_0008_bullying.jpg10801920Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2020-11-26 12:39:532022-03-16 15:14:57Bullying in the workplace
On 4 June 2020, the Private Security Personnel Licensing Authority (PSPLA) issued an important decision (1) addressing the issue of whether persons or companies carrying out workplace investigations for employers into employee…
https://anthonyharper.co.nz/wp-content/uploads/2020/06/Untitled-design-9.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2020-06-09 16:25:472022-03-16 15:14:59Who can conduct workplace investigations?
The test to determine whether a worker is an employee or a contractor is well established, and it requires a focus on the real nature of the working relationship. In practice, this test assesses the intention of the parties, the level of control…
https://anthonyharper.co.nz/wp-content/uploads/2020/06/Untitled-design-10.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2020-06-03 10:49:252022-03-16 15:14:59Are you an independent contractor or an employee?
The Privacy Commissioner's office has received several complaints regarding employees being denied access to information about bullying investigations arising out of complaints that they have submitted.
As a result, on 28 January…
https://anthonyharper.co.nz/wp-content/uploads/2020/02/Workplace-bullying.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2020-02-10 14:37:392022-05-11 16:30:38Privacy Commissioner’s recommendations on workplace bullying information access
It has been a busy year for Anthony Harper's new immigration team. There have been a lot of immigration law changes. Here is a brief overview, and also a summary of what we are likely to see in 2020.
March 2019 – Mosque attacks
As the end of the year draws near it is likely you are considering what to buy for clients, customers and suppliers as suitable end of year gifts.
Alternatively, you may consider hosting a function to thank them for their business and loyalty. …
https://anthonyharper.co.nz/wp-content/uploads/2019/10/Untitled-design-25.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-10-30 11:42:222022-04-05 15:04:06Tis the Season…is what you spend on end of year gifts and functions fully tax deductible?
There has been yet another Employment Relations Authority case where an employee was found to be unjustifiably dismissed due to flaws in the investigation and the disciplinary process.
In this case, a dispatch assistant of a cheese company,…
https://anthonyharper.co.nz/wp-content/uploads/2019/10/Untitled-design-21.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-10-11 11:46:402022-04-05 14:34:57Do you know what a fair and thorough investigation and disciplinary process looks like?
The proposed changes to New Zealand's visa system, which started out with a government consultation at the end of last year, are now underway.
Work-to-residence visa - significant minimum salary increase
Work-to-residence visas are available…
https://anthonyharper.co.nz/wp-content/uploads/2019/10/Untitled-design-17.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-10-07 09:51:022022-04-05 14:08:53All change! What is happening with New Zealand’s work visa system?
This is a technical update for those interested in all things Holidays Act 2003. It is important for those who pay employees based on commission.
A recent Employment Court decision has finally clarified a point of law on the payment of public…
https://anthonyharper.co.nz/wp-content/uploads/2019/09/Untitled-design-15.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-09-20 10:38:322022-04-01 16:03:28Employees earning commission: Relevant Daily Pay or Average Daily Pay?
Immigration New Zealand has announced significant changes to the accredited employer scheme.
What is the accredited employer scheme? Why is it helpful?
Accredited employer status makes it much easier for an employer to recruit migrant…
The New Zealand government is proposing a major restructure of the work visa system, so as to increase the financial and organisational burden on employers. Consultations ended on 18 March and the finalised proposals should be announced in June.
https://anthonyharper.co.nz/wp-content/uploads/2019/07/Untitled-design-5.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-07-10 14:54:032022-03-30 10:09:37Significant work visa changes
The new Employment Relations (Triangular Employment) Amendment Bill received royal assent on 27 June 2019.
This legislation provides a statutory entitlement for employees to raise a personal grievance, not only against those who it is employed…
https://anthonyharper.co.nz/wp-content/uploads/2018/12/Untitled-design-29.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-07-10 14:44:282022-03-30 10:01:20New “Triangular Employment” legislation comes into force
The Domestic Violence – Victims' Protection Act 2018, which was enacted on 1 April this year to provide support to employees affected by domestic violence, is already being altered.
Key definitions in the Victims' Protection Act that are…
https://anthonyharper.co.nz/wp-content/uploads/2022/03/AH-podcast-linkedin.jpg9001600Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-07-10 14:40:302022-07-25 08:57:05Domestic violence legislation undergoes more changes
Like many millennials, the Criminal Records (Clean Slate) Act 2004 (Act) remains widely misunderstood. It seems that people either grossly exaggerate its power and scope, or reduce its operation to a twink pen for drink driving convictions.
https://anthonyharper.co.nz/wp-content/uploads/2022/03/AH-podcast-linkedin.jpg9001600Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-06-06 15:05:482022-09-01 11:04:35The ‘Clean Slate’ Act – What you need to know
Immigration applications are complex. There are multiple requirements to be met, some of which can seem contradictory.
Also, of course, the immigration authorities are as human as the rest of us. Therefore, what can a migrant do, if he…
https://anthonyharper.co.nz/wp-content/uploads/2019/04/Untitled-design.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2019-04-04 01:25:152022-03-28 14:43:33What happens when a visa is declined?
If you intend to move to New Zealand or have recently arrived, you need to be aware of legal issues that affect your ability to buy a home, and also your tax residence status which affects your tax liability in New Zealand, on foreign-sourced…
https://anthonyharper.co.nz/wp-content/uploads/2018/12/Untitled-design-28.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2018-12-18 08:21:522022-03-21 15:23:27Thinking of moving to New Zealand?
The Employment Relations Amendment Act gained Royal Assent on 5 December 2018 and amends the Employment Relations Act 2000. The Minister of Immigration also announced proposed substantial changes to the immigration system, on 18 December 2018.
https://anthonyharper.co.nz/wp-content/uploads/2018/12/Untitled-design-29.png5791030Natalie Mcmullenhttps://anthonyharper.co.nz/wp-content/uploads/2021/08/ahlogo_temp.pngNatalie Mcmullen2018-12-12 13:13:252022-03-21 15:30:04What you need to know – employment and immigration law changes
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