employment law

This doesn’t seem legal to me



via The Daily Blog

See how your sniff test works on this:

Two receptionists have lost their jobs at Maori Television because they cannot speak Te Reo Maori.

Maori Television chief executive Paora Maxwell said the new requirement for receptionists to be bi-lingual was part of a structural change in the organisation. Read more »

Well there you go, can’t sack someone just ‘cos they have bitchy resting face

Well there you go, can’t sack someone just ‘cos they have bitchy resting face.

A teenage waitress fired for failing to smile enough has been awarded more than $11,000 compensation.

Christchurch pizza restaurant and bar Cocopelli unjustifiably dismissed Jacinta Highley from her job as a duty manager and waitress in January 2014, the Employment Relations Authority (ERA) has found.

The restaurant manager came up with the code word “miley” for staff to say to Highley to remind her to smile. Highley said this made her upset and nervous as “staff would say this to her even when she felt she was smiling”, the ERA finding said. ?? Read more »

The pitfalls of breaking up

Well. ?Turns out, when you break up with your partner, and you also employ them, you still need to follow due process to fire them. ?awk-waaaaard

A Taranaki man’s company has been ordered to pay his ex-wife more than $100,000 in wages and other costs after he sacked her when they split up.

Employment Relations Authority member Paul Stapp found Hee Seung Lee, sole director of Dream High Ltd, failed to pay his estranged wife and former employee Hye Rim Ji for work she did at their sushi business on High St in Hawera.

Stapp also found Lee was responsible for Ji’s unjustified dismissal in 2013.

Dream High, which Ji and Lee have equal shares in, was ordered to pay her a total of $95,287.50 in unpaid wages and holiday pay, lost wages and compensation.

In addition, the company will also have to pay Ji $5474.89 in ERA hearing costs and fees – a total payment of $100,762.40.

You know Labour, employment law is just fine when it is easier to get rid of the mother of your children than it is to get rid of an employee. ? Read more »

New employment law, and the sun still came up

Compare and contrast:


Claire Trevett, who I used to rate a few months before the election, has not yet come back from her spiteful anti-government rants. ?Here she goes getting stuck into the latest issue the voters don’t care about.

A law which takes away the legal right to a tea break and weakens collective bargaining has taken line honours as the first law change passed in National’s third term, squeaking into law by 62 votes to 58.

The Employment Relations Amendment Bill passed with support from National, Act and United Future despite strong oppostion from Labour, the Greens, NZ First and the Maori Party. It is the first piece of legislation to be passed by the new Parliament.

National has argued that it allow for more flexibility in the labour market. However, Labour’s Iain Lees-Galloway said it broke Prime Minister John Key’s election night promise to govern in in the interests of all New Zealanders. Read more »

Face of the day

Laila Harre

Laila Harre

I watched 3rd Degree last night where three of Dotcom’s ex employees were interviewed.

It was a shocker.
I wonder if Laila Harre was watching and how deep in denial she actually is. Remember Laila is pro union and pro workers rights. She doesn’t believe in a class system as we are all equal. She would never call anyone SIR for example.

Read more »

The secret diaries of Comrade Simon, Ctd

Continuing on from the Secret Diaries of Comrade Kate we can now bring you the Secret Diaries of Comrade Simon.

Bad day.

With all this budget stuff I thought I might get a break from being pestered about the employment law reforms I have been stalling.

Some obnoxious twerp came up to me today and was badgering me so much I gave him a piece of my mind.? Read more »

This country is becoming a bunch of sooks

Have we become a nation of sooks, a bunch of nancies running off and complaining to the Human Rights Commission and the Privacy Commission and the Employment Tribunal over hurt feelings?

It seems we just may be. Stephanie Flores writes at NBR:

If I ever have a son in New Zealand, I imagine he would punch his way out of the womb, assume the scrum position, then ask where his shotgun is because it?s duck hunting season in the Waikato.

At least that?s how I imagined a male Kiwi is born: tough, macho, hair already growing on his ape-like chest.

But after months of reading Employment Relations Authority decisions, I?m getting the impression that today?s males in New Zealand are more like the Village People version of?Macho Man, rather than the Sir Colin Meads of the old days.

This week, more authority decisions trickled out with workers claiming their employers hurt their feelings or, even worse, actually asking them to work.

Now I?m pretty sure my first editor ate cigarettes for breakfast and nails for dessert. It was 10 years ago but I still remember his hatred for humanity and the bloodlust for junior reporters that emanated from his desk.

After a hiding from him, I always waited until I got home to cry with a bottle of vodka and in the comfort of my own bed, which is the proper way to deal with workplace stress.

But I never,?ever, considered contacting an employment lawyer seeking advice on my hurt feelings.

Unfortunately for employers, the trend in employment law is moving in the opposite direction.? Read more »

Questions about Auckland City Council employment legalities

A reader wrote to me with a whole host of sharp questions

Would an ACC employee have any claim to ?Unjustified disadvantage??in the Employment Courts should they feel they are being forced to?resign their employment with ACC, rather than risk being associated?working for an organisation headed?up by a now-proven corrupt?individual/Mayor?

If Len?s continued insistence he?s done nothing wrong and claims to still have a valid platform to represent Auckland ? then surely
his actions, by association are condoned by ACC in general? ? Read more »

The real reason Labour is afraid of Bridges bill

David-Cleaner-Labour-RedI?ve posted before about?businesses pushing to have this Part 6A repealed. With 52 days to go until David Shearer gets the heave-ho, it made me wonder what he?d do after being knifed in the back by his ?supportive colleagues?.

See Labour and their union mates? just love the vulnerable employee section of the Employment Relations Act.

If for example, Shearer gets the boot, and ends up as a Parliamentary cleaner working in Labour?s offices at night, I?m sure Grant Robinson or Andrew Little would be tickled pink. I reckon they?d want to see the back of him once and for all.

But here?s the rub, thanks to Labour?s keenness on keeping Part 6A, even if they pushed Parliamentary Services for a new cleaning company, Shearer could ?elect to transfer? to the incoming cleaning company and low and behold would be back in their offices again the next day, rummaging through their desks looking for incriminating documents to leak to WhaleOil.

On this basis alone, Labour should be gunning for a repeal of Part 6A as much as possible.


Follow the procedure, even if your employee is an arse

It is important to follow the procedure in employment law. If you don’t then you cop a flogging from the ERA who are likely to side with the employee no matter how much of a cock they?have?been:

Ever wanted to tell the boss to stick the job where the sun don’t shine? A Hutt Valley bus driver did and has been awarded $10,000 after her hasty sacking.

Cazna Waaka, 44, of Taita, learned on an early shift in January that a cousin had died in her native King Country, and she planned to ask her Valley Flyer bosses for time off to attend the tangi.

When she got to the Waterloo depot, she had her two children, aged 5 and 11, on the bus with her. Regional operations manager Lori Bradley noticed the children and asked why they were unattended on the bus with the engine running.

Ms Waaka, a driver with 13 years experience, responded: “Well, who else is supposed to look after my children then, eh?”

She then became frustrated that Ms Bradley was not listening to her, Employment Relations Authority member Michele Ryan said.

Ms Waaka said Ms Bradley told her to “go home now”, to which Ms Waaka responded: “Fine then, I will, you’re a f…ing bitch anyway.”

The authority heard that Ms Bradley responded by walking back towards Ms Waaka and said: “I would watch what you say to me if you want to keep your job.”

Ms Waaka said she then told Ms Bradley: “You can stick your job up your f…ing arse.”

Ms Bradley told the authority she felt intimidated by Ms Waaka and described her behaviour as “vicious”.

Valley Flyer further told the authority Ms Waaka had repudiated her employment agreement as her behaviour constituted “gross insubordination”.

However, Ms Ryan found Valley Flyer had not complied with its own agreed disciplinary process. She ordered it to pay Ms Waaka $6000 for that failure and a further $4000 for unjustified dismissal.

That is an outrageous award for a rude, insubordinate cow. Nevertheless is the bus company had followed the procedure then she would?have?got nothing….which is way more than she deserves.