Review Employment Agreements or risk being caught out

Employers who have not reviewed their employment agreements since April 2016 risk being caught out by recent changes to employment law. In 2016, the Government made sweeping changes to the Employment Relations Act 2000 (Act) designed to prohibit ‘zero hour contracts’. Amongst the changes were new rules about hours of work, and availability provisions. Grace period ends 1 April 2017 The legislation introducing those new rules, which came into force on 1 April 2016, included a grace period, which ends on 1 April 2017. During the grace period, only employment agreements that were entered into after 1 April 2016 had
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Is Occupational Overuse Syndrome a physical injury?

The problem for sufferers of occupational overuse syndrome is that from both a medical and legal perspective, it is difficult to differentiate between psychological and physiological pain. Pain is a subjective issue. At one end of occupational overuse syndrome, there will be clear evidence of a sprain or strain involved with carpal tunnel syndrome. At the other end, there will be no or inconclusive evidence of physical pain for fibromyalgia or non-specific arm pain (‘NSAP’) where no actual physical injury can be identified. There must be a causal connection between a specified event or specified events that caused a physical
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Indemnities to Employees

The extent of the employer’s liability to indemnify the employee will then be governed by the express wording of the contractual indemnity and, if the employer is a company, by section 162 of the Companies Act 1993. Usually such indemnities indemnify the employee against personal liability to a third party arising from the performance of the employee’s duties, provided the employee’s actions were in good faith and did not involve recklessness, wilful neglect or any wilful failure to carry out a lawful instruction from the employer. However in 2013 in the case of George v Auckland Council [2013] NZEmpC 179
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A Heads-Up for Employers

Upcoming Changes to Employment Law – A Heads-Up for Employers Rest and meal breaks One of the most publicised changes relates to employee meal and rest breaks. The Amendment Act will replace specific timeframes for when rest and meal breaks must be taken with new provisions encouraging employers and employees to negotiate breaks in good faith. Where the parties cannot agree, the final decision will lie with the employer. An employer will not have to provide breaks where the employee agrees to reasonable compensation, or where due to the employee’s duties, it is reasonable and necessary for the business not
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