Posted on 3 April 2014

Covert recordings: Are they admissible evidence?

Requests to openly record disciplinary hearings are becoming more commonplace, but when one party covertly makes a recording can it then be used as evidence in a hearing with the Employment Relations Authority (ERA) or Employment Court?

McElroys Employment lawyer and Auckland District Law Society Employment Law Committee member, Christine Chilwell, told HRM while a secret recording would not necessarily be admissible due to the lack of consent, there have been cases in which they have been allowed on the grounds “it is the best evidence available”.

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Domestic violence costs employers $368 million

New Zealand businesses are losing $368 million a year because of domestic violence according to new research. And the report argues that if businesses want to stop losing money and increase productivity then they need to start helping their employees who are victims of domestic violence.

Commissioned by the Public Service Association and released to coincide with the launch of Green MP Jan Logie's anti-domestic violence member’s bill, the Productivity Gains from Workplace Protection of Victims of Domestic Violence report states that there is increasing evidence introducing workplace protection measures for victims saves employers on recruitment and retraining costs and improves productivity.

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Firm to pay compo for firing 'liar'

A company that dismissed a Christchurch man for lying about serious criminal convictions on his job application has been ordered to pay $6750 in compensation and 75 per cent of three months' wages.

The Employment Relations Authority (ERA) ruled the company had not given the employee a chance to respond to the concerns and their dismissal was unjustified.

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Snowdon case may cost RNZ over $1.5m

Defending court action taken by Radio New Zealand's former managing editor may end up costing the company more than $1.5 million.

Lynne Snowdon accused the public broadcaster of unjustifiable dismissal and fraud. The case was one of the country's longest-running employment disputes, beginning in late 2002.

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Posted in: Facts & Figures Employment Relations   Comments


Posted on 1 April 2014

Oops – I overpaid an employee, what now?

Mistakes happen, but overpaying employees can prove to be a costly mistake as the law won’t necessarily help an employer recover the funds.

Where an overpayment has occurred, it is possible the employer can recover the amount overpaid as the vast majority of employment agreements contain a "deductions clause", under which the employee consents to the employer making deductions from future wages.

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Cardinal rules: tell truth and don't gild the lily

A good reference is a precious commodity for anybody seeking work. However, an employee that leaves following a dispute with their employer, be it a personal grievance, litigation or otherwise, is unlikely to have their praises sung to a potential new employer.

Robert Lewis was employed by JP Morgan Chase as the Chief Executive of its New Zealand operations.

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Former employer misses authority's deadline to pay migrant staff nearly $40,000

Migrant workers who were housed in central city offices with no bathroom or kitchen facilities are taking their former employer to court over unpaid wages.

The Employment Relations Authority ordered Auckland woman Norajane Colos, the sole director of E-Advance, E-Jobs and E-Reuse companies, to pay $39,075 to six complainants plus an airline ticket for one of them to Sri Lanka within 14 days of March 13.

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Posted in: Pay & Benefits Recruitment Employment Relations   Comments