The latest case is a sign that Employment Law affects all levels of employment hierarchy. A claim by the ex-CEO of Allianz insurance failed on the basis that there had been a substantial breakdown in underwriting controls and lack of good business judgement. This follows Allianz suffering a $32 million loss from a Wellington property affected by the earthquake.

The case highlights:

a) the need to be represented at any disciplinary meeting;

b) the need to ensure that all decisions makers are free from pre-determination;

c) that there is no disparity of treatment between employees;

d) that the decision making processes are reasonable;

e) the need to apply the statutory test of justification as contained within section 103A of the Act; and

f) all decisions are made in good faith.

The ERA found that there had not been any defect in the process and Allianz was justified in its decision to dismiss Mr ELISARA.

Shriana Williamson

13 October 2017

Exploitation

Shriana Williamson

13 October 2017

It is hugely concerning to read about the recent cases of migrant worker abuse. The latest reported case of BBS Horticulture follows similar claims by workers for car dealers, restaurants and farm workers.

Indeed MBIE have now got a list of 70 employers who are prohibited from hiring migrant workforce. Included in that list are large national companies who should know better. The list also included repeat offenders BBS who have been found to be in breach on 3 separate occasions. The fine of $57,000 should hopefully send the message that these type of abuse cannot continue to occur.

Shriana Williamson

4 October 2017

Employment Law Changes

Shriana Williamson

4 October 2017

Employment Law is currently undergoing change. The latest changes to the Employment Relations Act 2000 focus on establishing minimum employment standards and increasing sanctions.

Employees should be aware of key changes to Paid Parental Leave, the minimum wage, reporting and time recording and the removal of “zero hour” contracts. So, if you are employed and do not have an employment contract, or you think your employer has not updated your employment contract we can help negotiate this process.