Articles
Workplace Law stays on the pulse of employment law updates in New Zealand.
How do I manage a casual employee?
Employers have to be very careful when employing someone on a casual basis. First, the employer has to ensure that the casual nature of the employment is recorded in writing in the employment agreement. Second, the employer has to continually, during the employment, monitor the employee’s pattern of working hours.
A casual worker is one whose pattern of working hours is intermittent and irregular. If a casual worker begins to work regular hours over the same days, the worker could - automatically - be deemed to have become a permanent employee. If the employer has been paying holiday pay in the casual workers regular pay, and the court subsequently decides that the casual worker was, in law, not a casual worker, the court could require the employer to pay holiday pay again, calculated on the ‘wages+holiday pay’ rate.
Are you an independent contractor or an employee?
This is not an easy question to answer. In fact, even if you have an agreement calling you an independent contractor, the Court might find, after hearing the facts and legal arguments, that, in all the circumstances, you are an employee.
Can I dismiss an employee for incompatibility?
The three most common reasons for dismissing an employee are:
1. Poor performance
2. Serious misconduct
3. Redundancy
The courts have, however, long recognised another ground for dismissal which is incompatibility.
How does an employee raise a personal grievance?
The employee must state they are raising a grievance and they must provide sufficient information about the grounds of their grievance.
When might an officer of a company be held personally liable to the company’s employee?
An officer of an employing company could become personally liable if the officer (usually a company director) has not sufficiently disclosed the existence of the company. For example, where there is no employment agreement and all dealings have been between the employee and the director. Directors may also be liable to pay money to an employee where the company is unable to pay awards granted by the Employment Relations Authority.
Can employees cash up annual leave?
Employees may request to cash up one week of their four weeks’ minimum entitlement to annual leave every year. An employer doesn’t have to agree.
When should a trial be paid?
Essentially, a trial should be on pay where the employer gains an economic benefit from the employee’s work.
Are restraints of trade legal?
Many people think that restraints of trade are not legal and can therefore be ignored. This is incorrect. Restraints of trade are legal providing they are reasonable.