Triangular Relationships in Employment

A ‘triangular employment relationship’ usually means a situation where one company employs workers then contracts with another company (‘the end user’) to supply those employees to the end user. As there is no contractual relationship between the employee and the end...

What is Serious Misconduct?

As an employment lawyer, I am often asked if an employee’s actions (or failure to act) constitute serious misconduct.  This is an important question because employers are only usually able to dismiss an employee without prior warnings and without given the employee...

The Future of Trial Periods

Trial periods were introduced by the National government in 2009.  Broadly, where an employment agreement includes a trial period, the employee cannot bring a personal grievance for unjustified dismissal for up to the first 90 days of employment.  The rationale for...

Trial Periods on Trial

Since the introduction of trial periods in 2009, the Employment Relations Authority and the Employment Court have interpreted both the legislation on trial periods and the clauses themselves strictly and (generally) in favour of the employee.  The view is that the...