Unfair dismissals and general protections claims - Page 2 of 3

New Zealand Employment Law Bulletin – Issue 1, December 2022

Welcome to Wotton Kearney’s first Employment Law Bulletin. The last few months have been full of interesting employment law developments in New Zealand that are likely to have profound impacts for businesses and their insurers. In this issue, we look at recent restructuring cases, the impact of Uber drivers being defined as employees, Holidays Act […]

By : joanna li Dec 8, 2022 Comments Off

Articles

Respect@Work: A positive duty to prevent sexual harassment

In early 2022, the Albanese government committed to implementing and legislating all 55 of the recommendations of the Australian Human Rights Commission’s Respect@Work Report. On 27 September 2022, the government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, which seeks to implement seven of the 55 recommendations to strengthen laws […]

By : joanna li Oct 31, 2022 Comments Off

Articles

WA’s new workplace health and safety laws – the importance of a ‘global’ approach to WHS incidents

On 31 March 2022, the Work Health and Safety Act 2020 WA (WHS Act) came into effect. The major change for the insurance sector from the harmonised WHS legislation is that WHS penalties are no longer insurable. For insurers and brokers, this means it is important to ensure renewed policies do not contain terms that […]

By : joanna li Jun 10, 2022 Comments Off

Articles

Employee or independent contractor? The High Court reiterates that it’s all about the contract

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 Two landmark High Court cases have decided that the terms of a written contract will determine whether a person is an employee or a contractor. This is a major shift […]

By : Anja Vogel Feb 15, 2022 Comments Off

Articles

COVID-19 Mandatory Vaccination Order – Health and disability & Education sectors

From 26 October 2021, the COVID-19 Public Health (Vaccination) Order was extended to include workers in the health and disability and education sectors. The lack of time between the announcement, its publication and the requirement to have at least a first dose of vaccination – as well as confusion over who is affected and who […]

By : Anja Vogel Nov 9, 2021 Comments Off

Articles

Health and disability sectors in New Zealand must engage with unvaccinated workers now

On 11 October 2021 the New Zealand Government announced its intention to extend the COVID-19 Public Health Response (Vaccinations) Order 2021 (vaccination order) to require high risk workers in the health and disability sectors to receive their first vaccination dose by 30 October 2021 and to be fully vaccinated by 1 December 2021. Employers in […]

By : Anja Vogel Oct 21, 2021 Comments Off

Articles

COVID-19 vaccinations – FAQs for New Zealand employers

Until this week, there has been limited legal mandate requiring vaccination of New Zealand employees, other than border workers, via the COVID-19 Public Health Response (Vaccinations) Order 2021. That changed on 11 October 2021 when the New Zealand Government announced an extended vaccination mandate to include high risk workers in the health and disability sector, […]

By : Anja Vogel Oct 14, 2021 Comments Off

Articles

High Court clarifies it’s all about the employment contract

On 4 August 2021, the High Court handed down its decision in WorkPac v Rossato and unanimously and emphatically overturned the decision of the Full Federal Court. In combination with recent changes to the Fair Work Act 2009 (Cth), the High Court’s decision in WorkPac provides important guidance for employers and their EPL insurers on […]

By : Anja Vogel Aug 5, 2021 Comments Off

Articles

Additional COVID-19 Rules in NSW: Construction employers’ questions answered

As construction shuts down in NSW today and tradespeople down tools as a result of further COVID-19 restrictions across Greater Sydney, there are many questions that remain unanswered. In this update, W+K’s Sian Gilbert, Chris Mossman and Chris Spain, assisted by Ella Lim, look at the options available to construction employers, including standing down employees, […]

By : Anja Vogel Jul 19, 2021 Comments Off

Articles

Aged care reform heralds heightened risk for insurers

The Royal Commission into Aged Care Quality and Safety is due to publish its final report on 26 February 2021. Its work, combined with the devastating impact of COVID-19, make it clear that significant change is on the way for the aged care sector. In this article, Chris Spain along with Cain Jackson and Charles […]

By : Anja Vogel Feb 22, 2021 Comments Off

Search