New Zealand: Social media pitfalls in Blylevens v Kidicorp Limited

Some principles must seem so obvious as to go without saying. Yet, the recent determination of the Employment Relations Authority in Blylevens v Kidicorp Limited suggests that perhaps even obvious principles benefit from being re-stated from time to time.

The background to this case was an employment relationship dispute between Kidicorp, the owner of a child care centre, and its employee and manager, Ms Blylevens. During the course of the dispute, Ms Blylevens sought the […]

By | November 9th, 2014 ||

Australia: Working at best practice – the benefits of Individual Flexibility Agreements

I have acted for several businesses that have had claims made against them from an employee for under payment including penalties, overtime and leave loading. In each of these matters, the businesses were paying the employee above the award rate and in some cases were also paying the employee a “bonus”.

However, as our clients did not have Individual Flexibility Agreements (“IFA”) in place to vary the requirements under the award to make a “loaded” […]

By | November 9th, 2014 ||

Canada: Case Brief: On Workers’ Compensation For Federal Government Employees

The Supreme Court of Canada upheld an Alberta Court of Appeal decision addressing the principles of compensation application to federal government employees covered inMartin v. Alberta (Workers’ Compensation Board), 2014 SCC 25.

The Alberta Court had restored a workers’ compensation Appeals Commission decision that had assessed and denied the compensation claim of a Parks Canada warden by reference to the entitlement criteria set out in an Alberta WCB policy. The Court of Appeal held that […]

By | November 7th, 2014 ||