New Zealand: Unfair/ Wrongful Dismissal

Employers should take note of several key situations that could impact their employment relationships with staff.

Behind the Employment Court's decision to uphold the Employment Relations Authority's determination.

The New Zealand Employment Relations Authority has ruled that an employer acted reasonably in dismissing a Customs Service employee who refused to be vaccinated against COVID-19.

This edition of Dairy Matters covers issues relating to employment law: unfair dismissal, compliance and health & safety.

These cases show that serious misconduct investigations and disciplinary processes will be subjected to intense scrutiny.

The article looks at three recent employment relations decisions from New Zealand and includes some noteworthy points.

The New Zealand Department of Labour has launched a public consultation prior to a review of Part 9 of the Employment Relations Act 2000, which deals with Personal Grievances. It’s a root and branch reappraisal of that part of the Act with the intention of examining, amongst other things, whether the system strikes a fair balance between employers and employees, imposes unnecessary costs or obligations on employers and employees, and is efficient and effective.

We have already discussed at length the obvious impacts on employment in a recession. But what happens to people who are not employees?

Over the last year there has been a series of decisions from the Employment Court which have commented on the depth of a ‘fair process’. These cases make it clear that now more is expected from an employer when they are conducting a process that may impact on an employee’s continued employment than has been required in the past.