Insight 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
Insight 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
Insight 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
Insight 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
Insight Restructuring dos and don’ts This year is proving to be an especially difficult period for employers and employees throughout New Zealand. Many businesses are reporting a disappointing year with declines in revenue and operating profits. Some of this performance is due to the macro environment, such as inflation, employment, spending, and monetary and fiscal policy. This is shaping the job market and has created stresses and strains for both employees and employers as they navigate the issues of higher costs, cost-cutting, scaling-back and job cuts. Added to that mix is the upheaval of the “tech wave” with the rise of AI and the prediction that it will be a contributing factor to more layoffs. Read more
Insight Hands up: employers have right to collect biometric info from staff The introduction of new technology in the workplace can be a real challenge for both employers and employees. Collecting biometric information about a worker’s physical or behavioural features (eg, fingerprints, voice, face, or how they walk) is even more challenging. Read more
Insight Substantial award against school that failed to manage workers’ mental health In a recent judgment, Mr and Mrs Cronin-Lampe v Melville High School, the Employment Court awarded the two claimants $1.8 million (collectively) in damages as a result of the School’s breaches of employment obligations including health and safety obligations. Read more
Insight Updating employment agreements It goes without saying that most companies are committed to providing a safe and productive working environment free from all forms of physical, emotional and verbal abuse. Harassment including sexual harassment in the workplace is unacceptable. Employees have a responsibility to respect the rights of their fellow employees, including the right to work in an environment free of sexual harassment. Employers and their managers also have a responsibility not to tolerate any form of harassment. Read more
Insight Walking the talk on disability based discrimination Disability discrimination is real. Human Rights Act 1993 and Employment Relations Act 2000 address it in employment. Read more
Insight When do “chores” become paid “work”? In New Zealand, most businesses are small to medium-sized, often family-run, where family members pitch in as needed. But should these contributions be considered chores or formalized in employment contracts? Read more
Insight At what point is fair not fair at all? Unpicking the Fair Pay Agreements Bill The Bill aims to improve labour market outcomes for people over-represented in jobs where low pay, job security, health and safety, and upskilling are significant issues - which the explanatory note says includes Māori, Pacific peoples, young people, and people with disabilities. Read more
Insight Employers, get ready 2022 will see a number of legislative changes in employment law take effect. As an employer, you need to be ready and have clearly communicated what these changes mean for your employees … Read more
