New law means employers face risk of criminal prosecution for intentional wage theft The Crimes (Theft by Employer) Amendment Bill has now passed royal assent, becoming an enforceable provision of the Crimes Act 1961. This means that, under section 220AA of the Crimes Act 1961 (Crimes Act), it is now an offence for employers to intentionally fail to pay money owed to an employee under an employment agreement or statutory law (for example, under the Holidays Act 2003, the Minimum Wage Act 1983 and the Wages Protection Act 1983), without reasonable excuse. Read more
Joint employment in New Zealand: can an employee have multiple employers? Traditionally, employers have been able to carefully structure their businesses using companies, groups of companies and other entities, to protect from, or minimise, potential employment liability. However, there have been several law changes in recent years that have muddied the waters and made it more difficult for employers to use their company structure as a “shield” against employee claims. Read more
The year ahead in employment law: what to expect in 2025 In the last few months of 2024, the Minister of Workplace Relations and Safety (Minister) announced a raft of potential changes to Aotearoa New Zealand’s employment law framework. Further detail will be announced by the Government in due course, but below is a snapshot of what to expect in 2025. Read more
Reforms announced related to employee misconduct and personal grievance remedies The Minister of Workplace Relations has announced a series of significant reforms aimed at addressing employee misconduct and improving the fairness and efficiency of personal grievance claims. Read more
Embracing tikanga: implications for New Zealand law Te Piringa | Faculty of Law at The University of Waikato recently hosted Justice Whata who gave a lecture on Tikanga and the law on 24 October 2024 as part of the Norris Ward McKinnon Lecture Series. This engaging presentation and discussion highlighted the incorporation of tikanga Māori into the mainstream New Zealand legal system. This evolution reflects a broader societal shift toward recognising Māori legal traditions as an integral component of our national identity. Read more
A call to action: a renewed case for regulation of employment advocates The employment jurisdiction is somewhat unique in that the institutions have historically allowed a special place for lay-advocate representatives. They carry out the same work as lawyers including representing parties in disputes, negotiations and mediations, and at the Employment Relations Authority (Authority), Employment Court and, with special leave, beyond. However, there is no regulatory framework to address issues of concern regarding an advocate’s conduct, competence or complaints. Lawyers are bound by the Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) Rules 2008 and are subject to complaints and disciplinary mechanisms. When an advocate fails to conduct themselves professionally or competently, it is the client or applicant who is at risk of a poor outcome or even costs and penalties if there is non-compliance with orders of the Authority or Court. Yet employment advocates are not answerable to any professional body. Read more
Back to the future: Court of Appeal affirms earlier Uber decision, but with different reasoning A landmark judgment in employment law has reaffirmed that Uber drivers are employees, and not contractors, under section 6 of the Employment Relations Act 2000 (Act). However, further changes to the test for employment status may not be far away. Read more
A miscarriage of justice This story has been described as one of the greatest miscarriages of justice in British history. It involves the British Post Office pursuing innocent workers (postmasters) for apparent financial irregularities and shortfalls which were caused by faults in its IT accounting software system that made it look like money was missing from branch accounts. Postmasters are self-employed and run branch post offices under contract to the Post Office and are liable for any loss or damage to any Post Office cash and stock and any shortfalls in the money payable to the Post Office must be made good (in full) by the postmaster. Read more
Trial period pitfalls In December 2023, the (then) new government had passed legislation that reintroduced the use of trial periods for new employees being available for employers of all sizes. With the increase in employers’ ability to use trial periods, it is another timely reminder that the rules regarding trial periods are enforced very strictly. Read more
