Latest articles
Employment Law Update May 2012
Wednesday, 9 May, 2012
Author: Simon Menzies
An employer is faced with an accusation against an employee alleging misconduct. In an investigation into the accusation, what are the obligations of the employer in relation to the accuser?
Union access to workplaces
Saturday, 14 April, 2012
Author: Andrea Twaddle
This year has seen high profile industrial action across a wide range of industries. Employers in non-unionised workplaces are increasingly receiving requests from unions to access their workplaces for union purposes, including the recruitment of members. This article provides guidance for employers regarding the current law on the rights and obligations of both parties regarding union access.
Employment Law Update - February 2012
Friday, 17 February, 2012
Getting Employment Agreements Signed
Consider this common scenario. After conducting interviews for a job vacancy, the employer settles on the appropriate candidate, offers the applicant the job which is accepted. Often the offer is made in person, by phone or by way of correspondence with mention of a few of the...
Employer liability for illegal downloading
Monday, 14 November, 2011
Author: Andrea Twaddle
In the past week, internet providers have confirmed receipt of infringement notices relating to the illegal downloading of material in breach of copyright. Notices were issued under a new internet copyright infringement regime, introduced by the Copyright (Infringing File Sharing) Amendment Act 2011 which came into force on 1 September this year. This article discusses how the new regime affects employers and guidance on how to manage these new liabilities.
No tattoos please … ?
Thursday, 20 October, 2011
Author: Andrea Twaddle
Can an employer ask a Maori employee, catering at a high end social function, to wear particular clothing to cover up a tattoo - a moko, which from the employee’s perspective, is a profound expression of her Maori identity? Or, does this request amount to unlawful discrimination?
Theft of a dvd justifies dismissal
Friday, 19 August, 2011
Author: Andrea Twaddle
This article considers an employer's ability to terminate employment for a breach of good faith, where an employee has taken a seemingly incidental item.
Pre-employment Privacy Issues
Wednesday, 10 August, 2011
Author: Andrea Twaddle
Associate and employment law specialist Andrea Twaddle addresses the extent to which an employer might be entitled to seek personal information about employees or applicants for employment.
Paying attention to casual working arrangements
Monday, 18 April, 2011
Author: Andrea Twaddle
New Zealand is a nation of small employers. A flexible workforce is essential to enable businesses to cope with varying demands of an ever changing and always competitive market. Technological advances also enable options to the way we work. The result is the 9 - 5 job is becoming less...
Trial periods an option for all workplaces
Tuesday, 29 March, 2011
Author: Andrea Twaddle
Employment law specialist Andrea Twaddle comments on the ability for all employers to utilise trial periods from 1 April 2011.
Read full article at Stuff.co.nz: New law could hurt school graduates...
For further information please contact:
Andrea Twaddle Phone: 07 834 6684 Email: andrea.twaddle@harkness.co.nz...
Employee expenses – No free lunch
Friday, 4 February, 2011
Author: Andrea Twaddle
Employers are keeping a close eye on finances in the current climate, which includes careful scrutiny of employee expense accounts and spending. Last week, the Employment Relations Authority considered Tauranga saleswoman Kate Russell's claim for unjustified dismissal based on unauthorised cash withdrawals and misuse of her company credit card. Clear...

