Insight / Employment 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 / Employment 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 / Employment 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 / Employment 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 / Employment 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
