PBEL Blog

Most employment agreements say the employer can pay an employee in lieu of notice – basically saying to the employee that they are willing to pay them not to work out the notice period. Read more>>

Most employees who raise a personal grievance will end up in Mediation. If they have a case then they and their employer probably will reach agreement that will require the employer to pay them some money. The agreement will be confidential which means that the only thing they can say to anyone is that the problem has been sorted out. Read more>>

Most people agree that justice should not be the privilege of the rich and famous. And they would agree that people who cannot afford a lawyer should get legal aid. However, most people have very little sympathy for the rich and infamous who seek legal aid because they believe these people use “legal” smoke and mirrors to hide their wealth. Read more>>

According to the lawyer for the CTV building's owners, a detailed structural engineers report commissioned after the September 4 quake found superficial damage to the building but raised no structural issues. Over the next few months many tenants in the CBD will be facing similar pronouncements from the property management companies who manage the affairs of their client landlords. Read more>>

The Pike River mine disaster highlighted how many New Zealanders face very dangerous and potentially life threatening situations every day they go to work. While the jury is still out on what caused the explosion, it will not come as a surprise to many people should they learn that it could have been prevented. Read more>>

In a decision dated 18 October 2010 the Employment Relations Authority found that Antoinette Cuthill-Coutts, an employment advocate with Employment Disputes Ltd, a company that is otherwise known as 0800SACKED, had been unjustifiably constructively dismissed. Read more>>

A recent decision* of the Employment Relations Authority highlights the dangers of employing friends and the difficulties a friendship poses when fulfilling your obligations as the employer. The luckless employer on this occasion was Clark Education and Training limited. The friends were Christopher Clark and Perry Wright. Read more>>

On 26 August 2010 the Chief Judge of the Employment Court in Smith v Stokes Valley Pharmacy (2009) Limited exposed the complexity of the law on 90 trial periods and established that it is a veritable legal minefield for employers. Read more>>

Fixed term employment agreements are essential tools for any business. They are needed to cover the positions of employees on parental leave. They are used to cover seasonal fluctuations in business and special projects. Read more>>

Many employers have a zero tolerance policy towards violence in the workplace and while the Employment Court recognises it is admirable in principle, they have warned that “the devil is as always, in the detail of what is meant by a policy that has been sloganised”. A zero tolerance policy can be dangerous in the wrong hands. Read more>>