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 […]
Contributory conduct in an unjustified dismissal: how it could mean no remedies
Dismissing an employee for inappropriate or serious misconduct may be unjustified where the employer failed to follow a fair process. However, an employee’s contributory conduct can significantly reduce or eliminate the remedies available to an unjustifiably dismissed employee. This article explores the legal principle of contributory conduct and how it applied in Stewart v OCDL [2025] NZERA […]
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 […]
From Joyride to Judgment: Supreme Court Rules Drivers Are Employees
The Supreme Court has confirmed that four Uber drivers are employees, not independent contractors, of the ride-share giant. However, for the many workers who have filed challenges to their employment status pending the outcome of this decision, the upcoming legislative changes will likely see the brakes pulled. Although the case relates to the gig-economy, the […]
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 […]
Managing Medical Incapacity in the Workplace
A Guide for Retail Employers In retail, staff absences can have an immediate impact on customer service, rosters, and team morale. Prolonged employee absences due to illness or injury present legal and operational challenges. In cases where there is uncertainty about whether an employee can return to work, employers may need to assess whether the […]
Reform of the Holidays Act: What Employers Should Expect
On 23 September 2025, the Government announced it will repeal the Holidays Act 2003 and replace it with a new Employment Leave Act. According to Workplace Relations and Safety Minister Brooke van Velden, the reforms are intended to bring simplicity, transparency and fairness to leave entitlements for both employees and employers. The existing Act has […]