External Investigations: A Guide For Employers
Workplace investigations can be among the most challenging and sensitive aspects of managing a business and employing staff. These processes can be stressful and disruptive, but there are ways to minimise risks and reduce potential disruption. This article explores when it may be appropriate to appoint an external workplace investigator, and why doing so can […]
Tracking The Trend: Employee Interim Reinstatement Applications
Introduction In the wake of the rise of applications for interim reinstatement, the Employment Court has issued a decision reminding ex-employee’s raising a personal grievance that the ability to return to work pending resolution remains far from automatic. Scott v Damar Industries Limited [2025] NZEmpC 215 was a challenge to an Employment Relations Authority (“ERA”) decision which […]
Christmas Special: Employment law tips for the holiday season
As the festive season approaches, it’s the perfect time for employers to start planning, not just for a well-earned break, but for the unique workplace issues that can arise at this time of year. From managing holiday leave, to hosting Christmas parties, and handling staff conduct, a little forward-thinking can prevent issues from spilling over […]
New Law Protects Employees’ Right To Discuss Pay
In a move towards workplace equity, the Employment Relations (Employee Remuneration Disclosure) Amendment Bill (“the Bill”) has now come into force. The Bill seeks to protect employees who choose to (voluntarily) discuss or disclose their own remuneration. Its central goal is to ensure that workers can share information about their pay, if they wish, without fear of […]
Testing the Limits of Collective Bargaining in New Zealand
A recent legal dispute between The Athletes’ Cooperative Inc (“TAC”) and High Performance Sport New Zealand Ltd (“HPSNZ”) has tested the outer limits of New Zealand’s collective bargaining framework under the Employment Relations Act 2000 (“the Act”). The case, which journeyed from the Employment Relations Authority up to the Court of Appeal, highlights the importance […]
Responding to Employee Privacy Requests
A Practical Guide for Employers f you’re an employer, you may at some point receive a request from an employee, or ex-employee, asking to access the personal information you hold about them. These requests are made under the Privacy Act 2020 (“Privacy Act”), which governs the collection, holding, use and disclosure of personal information. Whilst the […]
Court Issues Warning to Directors Who Misuse Retentions
We can now expect to see summary judgment applications against directors of failed construction companies who misuse retention funds. The High Court has adopted the Canadian position that a director is deemed to have known of any statutory or trust requirements and will be personally liable to restore any missing retention money that should have […]
Retentions Must Be Returned – The High Court Confirms
Retentions under a subcontract are held on trust by the head contractor for the benefit of the subcontractor. If retentions are withheld, contingent on anything other than the subcontractor’s performance, they must be released immediately, as this is considered void and unenforceable. In Stevensons Structural Engineers 1978 Ltd (in liq) v McMillan & Lockwood (PN) Ltd & […]