Knowledge

Because employment law is always evolving, we share our insights, expertise and knowledge on a regular basis and comment in the media.

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March 22, 2022

Workplace Bullying Series – Part 5: The forgotten person

In the previous article of this series, we considered an employer’s obligation to an employee who makes an allegation of workplace bullying.  Often employers are good at supporting the complainant, yet they forget that there is someone else who is being impacted by the complaint and that is the person who has been accused of […]

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March 16, 2022

Workplace Bullying Series – Part 4: Obligations to the complainant

In any bullying complaint there are at least three parties involved: the complainant (the person raising the complaint) the respondent (the alleged ‘bully’) and the employer.  In this article, we focus on employers’ obligations to employees who have raised an allegation of bullying – from the moment the complaint is received and beyond.   Consider […]

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March 9, 2022

Workplace Bullying Series – Part 3: What to do when you receive a bullying complaint

Following on from our previous article, where we discussed the prevention of workplace bullying, we now turn to the steps a manager or leader can take when bullying happens or is alleged.  The most effective response will be one that is consistent with workplace policies and wider employment law obligations (which can become a minefield […]

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March 2, 2022

Workplace Bullying Series – Part 2: Prevention is better than cure

Many articles regarding bullying focus on what to do when it happens.  Of course we will cover that as part of our Workplace Bullying Series, but as they always say … prevention is better than cure … so this article looks at what prevention measures employers can put in place. For organisations to provide a […]

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February 8, 2022

Workplace Bullying Series – Part 1: What is workplace bullying?

Workplace bullying.  What is it? What do you do when you feel you are being bullied?  What do you do if you have been accused of being bullied?  As an employer what do you do if your employee complains about workplace bullying and how do you prevent workplace bullying? Our six-part series addresses all of […]

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January 25, 2022

Restraints of Trade in Employment – protection or punishment?

Restraint of trade clauses commonly feature in employment agreements.  Whether or not the restraint is enforceable is a different story.  Despite many incorrectly stating that restraint of trade clauses are not “worth the paper they are written on”, on 24 January 2022 the Employment Relations Authority demonstrated how incorrect this blanket statement is. Tova O’Brien, […]

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January 19, 2022

Religion and the Workplace – Preventing Discrimination in Employment Practices

Sunday 16 January 2022 was World Religion Day.  It is celebrated to promote understanding and peace between all religions.   Faith and spiritual belief, even if not expressed overtly, is one aspect of diversity employers should be aware of especially when requests to accommodate that religion arise.  The large crossover between human rights and employment law […]

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January 13, 2022

Public Comment and Expressing Personal Opinion in Employment During the COVID-19 Pandemic

The COVID-19 pandemic, as a serious matter of public health and safety, has generated widespread publication of personal and professional opinions.  There have been several recent incidents which have raised questions about the intersection of employment obligations and publicly-voiced opinions. Expression of views in a professional capacity Well-known commentators, Professor Shaun Hendy and Associate Professor […]

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November 25, 2021

Family Violence Leave: Employee Rights and Employer Obligations

Thursday 25 November is White Ribbon Day.  White Ribbon Day is an annual campaign to raise support against family violence in New Zealand. Since April 2019, employees affected by family violence are entitled to 10 days’ paid family violence leave. This is one of the protections brought in by the Domestic Violence – Victims’ Protection […]

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November 21, 2021

Closedown Period Employer Obligations

With many businesses approaching their annual holiday closedown period, it is important for employers to make sure they are complying with their obligations under the Holidays Act 2003. Giving staff notice of the closedown period A large number of businesses will choose to partially or fully shut their operations over the holiday period.  This is […]

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