To investigate or not to investigate: Triaging employee complaints Often it can be difficult for an employer to know how to respond when they receive a complaint from an employee, including whether or not they should be commencing a formal investigation. Read more
When is it appropriate to suspend an employee from work? As a general principle, an employee can only be suspended from work if there is some contractual or statutory justification for doing so. There are exceptions to this - for example, where serious health and safety concerns exist. In deciding whether to suspend an employee, an employer must follow the rules of natural justice including consulting with the employee. Only in rare circumstances would it be justified to suspend an employee without complying with the rules of natural justice. Read more
Caught on camera: the rise of recorded work conversations Employees may be asked to attend a meeting with their employer at any time. The meeting might be about performance, conduct, or some other matter or incident they are involved in or have been asked to respond to. The need to maintain a record of such employment meetings is well-understood. In this article, we examine the response to rising legal disputes and concerns over the transparency and fairness of recording workplace meetings, investigations, and interactions. Read more
Balancing family and business: employment issues in family businesses Recent case law highlights the difficulties which can come from informal familial arrangements, and why having a soundly constructed agreement is important even when doing work for a close and trusted relative. Read more
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
