Employment Law

Significant Employment Law Changes

by Chris Patterson | December 18, 2014

Some significant changes are to be made to the Employment Relations Act 2000 (“the Act”) which will come into effect on 6 March 2015. The changes target six key areas of the Act with the aim of promoting the concepts of flexibility and choice, the balance of fairness between employers and employees, and a reduction in regulation and compliance costs. A brief... Read More

Employers with no assets…

by Chris Patterson | March 21, 2013

The December 2012 decision of the Employment Court (“the Court”) in Hutton v Provencocadmus Ltd (in receivership) should encourage all employees to look at who their employer is, and what assets their employer holds. By way of background to the Hutton decision, two separate groups of companies, the Provenco Group and the Cadmus Group, merged to produce a single... Read More

The Impact of Employees’ Actions Outside of Work on their Right to Continued Employment

by Chris Patterson | March 21, 2013

The recent Employment Relations Authority (“Authority”) determination of Hallwright v Forsyth Barr Ltd serves as a timely reminder to all employees that what they do (or don’t do) outside of their working hours can have an impact on their right to continued employment. Hallwright, an employee of Forsyth Barr Limited (“FBL”), was involved in a... Read More

Minimum Redundancy Entitlements for all employees by law…?

by Chris Patterson | December 18, 2012

Last month, (November 2012), a Member’s Bill was introduced into Parliament by Labour’s Sue Moroney which seeks to introduce minimum redundancy entitlements for all employees, the Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill. In addition to providing minimum redundancy entitlements, the Bill also provides a definition of... Read More

The Cost of Setting up in Competition with your Employer

by Chris Patterson | October 03, 2012

The recent decision of the Employment Court in the Rooney Earthmoving case should serve as a sharp reminder of the consequences of engaging in trade competition in breach of your obligations as an employee. In short, three employees of Rooney Earthmoving Limited (“REL”) decided to leave their employment and establish a company BMW Contracting Limited (“BMW”)... Read More

Social Media: An employers worst nightmare?

by Chris Patterson | August 15, 2012

Further to a previous blog about managing digital assets with staff (posted by Nicola on 21 November 2011) employers must be extra vigilant about employees’ use of social medial – both while at work and outside of working hours. Social media is ever more frequently being used by people to express both positive and negative events that happen in their lives. ... Read More

Managing Digital Assets with Staff

by Chris Patterson | November 21, 2011

I have recently come across an interesting report relating to an employer having to sue a former employee in an attempt to take back their Twitter followers. The employer Phonedog (@Phonedog) operates a news site. Phonedog issued proceedings in the United States Federal Court claiming misappropriation of trade secrets, interference with economic advantage and... Read More