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New Zealand
Newsletter October, 2021

New Zealand: the dismissal of an employee who refused to be vaccinated is justified

October, 2021
  • The New Zealand Employment Relations Authority has recently ruled that the Customs Service acted reasonably in dismissing an employee who refused to be vaccinated against covid-19.
  • On 1 October 2021, the Employment Relations Authority declined to grant interim reinstatement to four employees dismissed because employer considered their roles were covered by the Public Health Response (Vaccinations) Order 2021, but they refused to be vaccinated.
Newsletter May, 2021

New Zealand government is determined to have a new Fair Pay Agreement System that is not respectful of social partners’ voluntary bargaining

May, 2021
  • New Zealand has made advancements on the Fair Pay Agreement System, after we reported about the national debate surrounding it in this article.
  • On 7 May 2021, the Government announced the design of the new Fair Pay Agreement system, but the draft Law is yet to be elaborated.  

New Zealand case on discrimination was closed by the Employment Relations Authority

May, 2021
  • The case Lamont v Ritchies Transport Holdings Limited highlights the possible negative consequences of multiple negotiations of different collective agreements.
Newsletter January, 2021

New Zealand Employment Court’s decision on the case of a self-employed for a platform company

January, 2021
  • The Employment Court examined the terms of the Service Agreement, the intention of the parties and the relationship operated in practice.
  • It ruled against the classification of the complainant as an employee of Uber
Newsletter December, 2020

New Zealand aims at changing the “Fair Pay Agreement” system

December, 2020
  • In 2018, the Government of New Zealand commenced internal discussions on the establishment of a “Fair Pay Agreement system”, a system combining simultaneously collective negotiations and the establishment of minimum legal employment standards.
  • The legislation is currently discussed among social partners and received important criticism for de facto imposing collective negotiations.
Newsletter July, 2020

New Zealand modifies legislation to favour business sustainability and collective agreements’ ratification

July, 2020
  • New Zealand corporate and commercial property laws were temporarily reformed to increase the prospect of business surviving;
  • Employment and industrial relations regulations were reformed to include electronic means of signing collective agreements.
Newsletter May, 2020

Examples of Essential Services Exempted from Suspension

May, 2020
  • Specific laws were enacted in France, New Zealand, Ontario (Canada) and South Africa containing a list of essential services that could continue operating during the pandemic.
  • Employment services were considered essential in France, New Zealand and Ontario.
  • Employers’ organisations were included in the list in New Zealand.

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