Australia: Court rejects adverse action claim in context of restructuring a business and altered roles of employees

The Federal Court of Australia recently rejected a procurement manager’s adverse action claim against its employer Dulux on the basis that his dismissal was not linked to him having taken sick leave.

The procurement manager had been working for Dulux for two years when it acquired another business. A senior manager decided that the employee’s role would necessarily expand as a result of the acquisition and that the employee did not have the requisite skills […]

By | March 8th, 2015 ||

Australia: Employers bear annual leave load on termination payments

Unknown to many, over the last few years there has been a hotly contested debate regarding how annual leave loading is treated in termination payments in respect of accrued but unused annual leave. But, before you get too excited about joining this thrilling contest, the Federal Court has recently put an end to the long standing argument. And, as the dust settles, employers have come out with the burden of paying applicable annual leave […]

By | March 8th, 2015 ||

New Zealand: The long awaited changes to the Employment Relations Act 2000 are now in force

Most will likely be welcomed by employers so this may be a timely opportunity to revisit your employment agreements and practices to ensure that they are compliant. This is particularly so if you will be engaged in collective bargaining or restructuring this year.
Key changes

Increased flexibility for rest breaks and meal breaks, requiring employers to provide employees with a “reasonable opportunity” for rest and meal times
Flexible working arrangements extended to all employees rather than only […]

By | March 8th, 2015 ||