There are a couple of notable recent happenings in employment law that are worth taking a note of.
First, the Employment Relations Act has been amended so that reinstatement is, once again, the primary remedy for a grievance based on termination of an employee’s employment.
What does that mean for employers? Well reinstatement still isn’t guaranteed, but it is now more likely that a successful ex employee could end-up back in your business.
What should you do now? Do everything you can to get your disciplinary processes right. If you’re thinking about taking disciplinary steps, it could be wise to talk to a lawyer first.
A second development is a decision from the Employment Relations Authority where the cost of thefts from a service station were deducted from the wages of the employee on shift. We have heard of arrangements like that in employment agreements. We can also see the temptation to give employees motivation to do all the things that they are able to do to minimise thefts. But the long and the short of it is, these clauses in employment agreements are not permitted, and so they are unenforceable.
If a staff member is complicit in a theft, you might want to inform the police. If the theft in part comes simply from them failing to do their job the way they are supposed to, you will have to use training or disciplinary processes to manage the situation.
If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:
Wallace Revell
wrevell@farry.co.nz
09 353 6672
The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.