12 July 2017
Sonny Bill Williams' red card for a no-arms shoulder charge on Lions wing Anthony Watson has gathered significant attention.
Players who are sent off the field must appear before the rugby judiciary for disciplinary action to be determined. But could Sonny Bill, the New Zealand Rugby Union (NZRU) as the employer, Steve Tew the chief executive, or other players in test rugby face legal liability for injuring someone in the course of their duties as a rugby player? More ...
28 June 2017
Do employers have the right to know about employees' criminal charges? The Supreme Court has found that an employer often will have the right to know, even if there is a suppression order.
"X" was employed by the University of Otago as a campus security guard. While employed, he faced charges of willful damage and assaulting his wife. X pleaded guilty but the judge discharged him without conviction on both charges because it was "extremely likely" he would otherwise lose his job. The judge also made a suppression order prohibiting publication of X's name or identification. More ...
22 June 2017
When allegations such as sexual harassment, bullying, or theft are made against an employee the employer must investigate the allegations before finding misconduct. There is a common misconception that such an investigation must be flawless for the employer to have acted justifiably. However, a recent Court of Appeal case clarifies the law around what constitutes a sufficient investigation. More ...
14 June 2017
A man who was dismissed through a text message has won his case for unjustified dismissal in the Employment Relations Authority. But despite being wrongfully dismissed, he did not receive any money. More ...
31 May 2017
It has been reported that Auckland real estate salesperson, Samuel Clough, has lost his job after pleading guilty to methamphetamine charges. While perhaps unsurprising, it does beg the question as to what extent an employer can discipline its employee for conduct away from work.
17 May 2017
It is a reality of life that people get sick.
Sometimes, the illness can take someone out of action for an extended period of time.
This is certainly difficult for the person concerned, but will also often cause difficulties for their employer.
While the majority of employers will want to support their employee as far as they can, they will also need to protect the business. More ...
3 May 2017
2016 saw legislative changes introduced to give greater protection to important minimum employment standards. The change of approach from a ‘slap on the wrist’ to hefty penalties is evident through the Employment Relations Authority ordering an Auckland car valet company to pay $241,450 for failing to pay minimum wage and holiday pay. More ...
3 May 2017
Two Bills currently before Parliament are set to make significant changes to the face of employment law.
One is intended to help victims of domestic violence in their employment. The other aims to allow employers to, through contract, remove the right of highly paid employees to bring personal grievances. More ...