Employment Law

New Zealand’s previous privacy legislation, the Privacy Act 1993, was enacted one year after the first ever SMS text message was sent, and one year before Amazon, now the most valuable public company in history, was founded.  Clearly, things have changed, and as of 1 December 2020 (tomorrow), the new Privacy Act 2020 (“the Act”) […]

During the 2020 Election the nation will be asked whether they support the proposed Cannabis Legislation and Control Bill (“CLC Bill”).  In essence, New Zealand is voting on the legalisation of recreational use of cannabis. The CLC Bill will allow people aged 20 years and over to: purchase up to 14 grams of dried cannabis

Gone are the days, it seems, that an employer can dismiss an employee and then send an office-wide email to give the gossip. Under the Privacy Act 1993, Information Privacy Principle 11 (“Principle 11”) protects against the disclosure of an individual’s personal information except in specific circumstances.  This principle also applies to any disclosures made by

Employees regularly leave employment to start their own business ventures.  However, issues arise when they take confidential information and clients (belonging to their former employer) with them. Forensic examination of a computer can detect any information that has previously existed on that device, even after it has been deleted.  It is an invaluable tool for employers

In response to “zero hours” contracts, legislation was introduced on 1 April 2016, making zero-hour contracts unlawful and prohibiting the use of availability provisions unless certain criteria are met.  Earlier this month, on 2 May 2019, in the case of Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd, the Employment Court grappled with this

The Employment Relations Amendment Act 2018 (“the Act”) came into force on 6 December 2018.  However, a number of provisions will not take effect until 6 May 2019.  Among these changes, from 6 May 2019, 90-day trial periods will be restricted to small – medium sized employers (employers with less than 20 employees). But what

The Employment Relations Amendment Bill 2018 (“the Bill”) underwent its third and final reading on 5 December 2018 and received Royal Assent on 11 December 2018.  It is now the ‘Employment Relations Amendment Act 2018’ (“the Act”).    As per our previous updates on the progress of the Bill, the purpose of the Act is to

The Domestic Violence Victims’ Protection Act 2018 (“the Act”), was given Royal Assent on 30 July 2018 and comes into force on 1 April 2019.  The Act makes amendments to the Employment Relations Act 2000, Holidays Act 2003 and Human Rights Act 1993. The aim of the Act is to enhance legal protection in the

The final report of the Education and Workforce Committee (“EWC”) on the Employment Relations Amendment Bill (“ERAB”) was released on 7 September 2018. The EWC has suggested changes regarding: union delegates’ entitlement to reasonable paid time to represent employees; employer obligations relating to sharing/providing information about the union’s role and functions to new employees, along with