Knowledge

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, […]

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 […]

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 […]

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 […]

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 […]

Today (26 October 2021), the Government announced further vaccination mandate.  The mandate covers workers working at any businesses where vaccine passports are required for patrons. This will include hospitality businesses, hairdressers and gyms. Here is a summary of what has been announced: Timing – the timing of these changes remains unclear. However, the indication is […]

Southern Cross Health Insurance and Business New Zealand recently published their Workplace Wellness Report 2021.  Trends from the report show organisations are taking a more active role in looking after employee wellbeing, in recognition of its impact on productivity. Employers have also been more open to adopting flexible working arrangements than previous years.  We break […]

On 11 October 2021, the Government announced that the Health and Disability sector and Education sector are going to be covered by the COVID-19 Public Health Response (Vaccinations) Order 2021.  We are waiting on the details of the Order but what we know from the Government Press Release is that: The Government considers the education […]

On 1 September 2021, GF v New Zealand Customs Service – the first decision addressing a situation where an employee was terminated due to not being vaccinated – was issued. The result – the employee was not unjustifiably dismissed or disadvantaged by New Zealand Customs Service (the employer) after being terminated for not being vaccinated. […]

On Monday 30 August 2021, Black Door Law’s Director and Principal Lawyer, Caro Rieger, talked with Radio New Zealand’s the Panel.  The subject – Why is there still so much confusion about whether or not employees who cannot work because of the Government’s directives are entitled to be paid during lockdown? Why are we still […]