Insight Verbal warnings: valid or void? A common misconception that employers often hold is that they can rely on verbal warnings to justify formal disciplinary or performance management outcomes, instead of going through a formal process. The reality is that it’s not that simple. While there is a place for verbal warnings, employers should be cautious when seeking to rely on them to justify formal employment outcomes. Read more
Insight Court of Appeal finds that consultation trumps confidentiality during proposed business transfer The Court of Appeal recently declined an application to appeal the Employment Court’s decision in Birthing Centre Limited v Matsas. This case emphasises the importance of employers consulting with employees during restructures, especially during business transfers. The court found that failing to consult and not offering redundancy compensation led to unjustified dismissals. Employers must ensure transparency and proper consultation to avoid significant penalties. Read more
Insight Holidays Act 2003 reform – change is on the horizon In a recent press release from the Minister for Workplace Relations and Safety, the Government provided an update regarding the ongoing Holidays Act 2003 (Act) reform. A draft of the Bill, which will set out the new Government’s proposed changes to the Act, will be released for targeted consultation in September 2024. The proposed changes aim to improve the workability of the current legislation and make entitlements clearer for employers and employees. Read more
Insight Changes to Accredited Employer Work Visa Scheme The Government has announced a suite of changes to the Accredited Employer Worker Visa (AEWV) scheme, which came into effect on 7 April 2024. These changes are aimed at reducing migrant vulnerability to exploitation as well as continuing to attract highly skilled migrants into area with skills shortages in Aotearoa New Zealand. Read more
Insight Change on the Horizon: What the Coalition Agreements and 100-day plan means for Employment in Aotearoa New Zealand The new three-party Coalition Government was formally sworn in on Monday, and has now released its Coalition Agreements, setting out the priority policies that National, ACT and New Zealand First (NZF) have agreed to “support” and “progress” over the next three years. It has also released its 100- day plan. Read more