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Case Law
  Employee Contractor Relationships   Employment Agreements
  Sick Pay and Special Leave   Termination and Dismissal
  Annual Leave and Public Holidays   General

The Ace Payroll Help Desk is sometimes asked for assistance of a legal rather than a technical nature.

We want to assist our clients in every way possible, but Ace Payroll is a computer software company and our technical staff are not recruited based on their legal training. Furthermore the Law Practitioners Act 1982 prohibits us from giving legal advice.

Accordingly Ace Payroll does not permit it's staff to offer legal advice.

For example the question "last Monday was a public holiday. Should we pay our staff double pay for working that day?" is a question that cannot be answered by our help desk. The answer can only be found from a legal interpretation of the employee's employment contract.

Ace Payroll can tell you how to pay your staff double time, but not whether to.

The correct source of legal information is your Employer's Association, your Lawyer, or your Employee's Union.

The following collection of legal interpretations are assembled for your guidance.

Employee Contractor Relationships
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  Section 6 of Employment Relations Act - employee definition
  Difference between employee and self employed contractor - Labour Dept
  ERA classifies contractor as employee
  Early decision from the Employment Court
  Contractors not entitled to the minimum wage
Sick Pay and Special Leave
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Employee can go fishing while on sick leave

Annual Leave and Public Holidays
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Holiday pay not required on redundancy payments

Annual leave accumulates until taken

No penal payments if called back from annual leave

Payments for statutory holidays

FAQ's from the Employment Relations Service

Employment Agreements
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Employee trial periods

More on secret video cameras

When is an employment relationship formed?

Employer can still be bound by oral agreements

Common problems with employment agreements

Take care when preparing employment contracts

Disputes resolution procedure must be included in staff contract

Importance of disclosing correct employer

Renegotiation of employment contract on sale of business

Expired contracts continue with same terms and conditions

Can change pay frequency if properly managed

Appeal Court decision on harsh and oppressive contracts

Employment contracts must be negotiated - they cannot just be presented

Discrimination for being on collective employment contract

Cannot limit remedies for personal grievances

Cannot dismiss without reason even if written in agreement

Can a collective employment contract negotiated with union members be applied to non union members?

Employee must disclose information at interview only if asked

Cannot require all employees to apply for new positions

Termination and Dismissal
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The importance of consultation in redundancy dismissals

Change in approach dealing with misconduct discovered after dismissal

Dismissal for fraud prior to employment

The danger of secret witnesses

What is reasonable notice of redundancy

Reinstatement and workplace democracy

Loss of use of company car

Must not wait for resolution of criminal charges

Discriminated against for not being Asian

Suicide and the importance of open communication

Dismissal for conduct that occurs outside of work

Cannot take retaliatory action against employees for claiming their employment rights

Redundancy and changes to working hours

Meaning of "significant difference" for redundancy

Redundancy law unchanged by Employment Relations Act

Dismissing an employee that fails to meet budget

Dismissal following abuse of internet and email

Redundant only if position no longer exists

Must make enquiries before assuming employment abandoned

Can dismiss driver that has lost license

Importance of procedural fairness with dismissal

Dismissal must be procedurally fair

Employment terminated before even started

Cannot terminate employment because contract has expired

Employer cannot rely on police enquiry if dismissed for dishonesty

Contractural obligations must be met when dismissing employee

Employment investigation conducted simultaneously with criminal investigation

Dismissal of persons in positions of authority

General
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An employers host responsibility

Who owns an employee's inventions?

The legality of secret video surveillance cameras

Employers must take reasonable steps to guard against work overload

Cannot make deduction from employee without consent

Employer can retrieve overpaid wages if done correctly

What is the current minimum wage?

Should get IRD approval before employing spouse

Employee cannot divert business to a new employer

It is lawful to ask staff to reduce hours to prevent redundancy

Redundancy pay not required unless written in contract

Contractors not entitled to the minimum wage

Cannot charge employee to work for you

Employer contributions to superannuation fund

How long must job be kept open when on ACC and how does this affect experience rating?

How to set up a limited liability company

Be careful if entrusting company records to just one person

Employment Court and Tribunal
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Note: Some of this information is no longer relevant since the introduction of the Employment Relations Act in October 2000.

How to negotiate a fair settlement for unjustified dismissal

Legal Aid is available for Employment Court and Tribunal

What amount of damages are awarded for humiliation

What is the difference between mediation and adjudication in the Employment Tribunal?

Making Employment Court accessible without legal representation

More on the differences between mediation and adjudication

Medically examine claimants of mental suffering

Personal grievances must be submitted within 90 days

Is the Court of Appeal truly impartial?

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Updated: 31st March 2010
Published: 13th August 1999
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