News & thinking

Employment Law:

Employment Court awards record $1.8m in damages for school counsellors’ mental harm

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The Employment Court Cronin-Lampe v The Board of Trustees of Melville High School has recently awarded almost $1.8m in damages, being the highest award of damages in the employment jurisdiction since 1992. Mr and Mrs Cronin-Lampe were employed…

What employers can expect under a National-led government

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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…

Four key points from the Employment Court’s latest decision against Customs

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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). Inglis said…
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Legal risks associated with the use of AI

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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. In…
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AI, privacy and confidentiality

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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…
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Bias and reliability issues with AI-generated content

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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…
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Developing a workplace policy for AI use

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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,…
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Gloriavale – A cautionary tale

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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…

Uber allowed to appeal decision on driver employment status

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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…
The timeframe for employees to raise a personal grievance regarding sexual harassment is poised to change from 90 days to 12 months

How to prepare for the new sexual harassment law change

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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…

Fair Pay Agreements Act will commence on 1 December 2022

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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…

Uber drivers held to be employees

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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…

TECNZ Annual Conference 2022 – Key Takeaways

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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…

Combatting modern slavery – proposed new duties across the supply chain

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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…

A significant reform to New Zealand’s labour laws: the Fair Pay Agreements Bill.

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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…

Easter and Anzac trading restriction – what are retail employers allowed to do?

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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…

Menopause – what employers need to know

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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…

Income insurance in New Zealand – a saving grace or undue burden?

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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…
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Bullying in the workplace

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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 We…

Who can conduct workplace investigations?

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What happened? 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…

Are you an independent contractor or an employee?

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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…

Privacy Commissioner’s recommendations on workplace bullying information access

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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…

2019-2020 – Immigration Changes – Past, Present and Future….

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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 These…

Tis the Season…is what you spend on end of year gifts and functions fully tax deductible?

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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. …

Do you know what a fair and thorough investigation and disciplinary process looks like?

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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,…

All change! What is happening with New Zealand’s work visa system?

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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…

Employees earning commission: Relevant Daily Pay or Average Daily Pay?

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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…

Immigration Alert: Changes to Accredited Employer Scheme

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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…

Significant work visa changes

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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. Licensing…

New “Triangular Employment” legislation comes into force

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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…

Domestic violence legislation undergoes more changes

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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…

The ‘Clean Slate’ Act – What you need to know

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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. Misconceptions…

What happens when a visa is declined?

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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…

Thinking of moving to New Zealand?

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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…

What you need to know – employment and immigration law changes

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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. It…