Shocking! Complaints against employers rise tenfold during the pandemic, with employers repeatedly facing huge fines! How much do you know about New Zealand employment law?
The continuing pandemic, together with months of restrictions at varying levels, has severely affected many New Zealand businesses. Employers and employees alike have faced difficult times, and workplace disputes have become frequent.
Statistics show that the government has received more than ten thousand complaints against employers since the pandemic began, a tenfold increase compared with the same period in previous years. As is widely known, New Zealand has very strict employment laws. Many business owners have suffered serious financial losses because they do not understand the country's employment legislation and regulations. What lessons might the following notable cases offer?
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Case study 1: A harsh outcome! Chinese employer hiring migrant workers faces a staggering 680,000 NZ dollar fine
An employment dispute in 2019 attracted the attention of the New Zealand government and the wider Chinese community. MBIE, the Ministry of Business, Innovation and Employment, said in a media release: “The workers from China arrived in New Zealand on visitor visas and were unlawfully placed in work on the basis of false promises.” The Ministry of Business, Innovation and Employment (MBIE) ultimately announced that the Employment Court had ordered employer Shenshen Guan and the company through which she operated a holiday resort to pay a total of NZ$680,350 in penalties and compensation for exploiting three workers.
Case study 2: Auckland employee dismissed during trial period amid the pandemic; employer ordered to pay compensation of 40,000 NZ dollars
From an IT data analyst earning NZ$140,000 a year to living in his car: what happened to him?
During the pandemic, an Auckland IT analyst was told by his employer that he was being dismissed after a 90-day trial period. The man was 37-year-old Mike Alkazaz. The Employment Relations Authority ultimately ruled that Mile Alkazaz had been unjustifiably dismissed and was to pay his former employer, Enterprise IT, NZ$40,000 in lost wages, compensation and some penalties.
Most New Zealand employers do not know how to avoid employment risks and fear losing on all fronts! Seeing these cases of employers being penalised, many people reflect that they not only lack an understanding of New Zealand laws and regulations, but have also failed to protect their own legal rights. Employers are also struggling with how to avoid employment risks. With the job market particularly difficult during the pandemic, many fear that mishandling employment relationships could leave them losing on all fronts. To address the various legal issues facing small and medium-sized businesses, the Chinese Business Centre of New Zealand's Employers and Manufacturers Association (EMA CBC) has teamed up with Shieff Angland Lawyers to launch the “2021 Year of Law Seminar Series”. Businesses and employers are welcome to register and learn about relevant laws, helping protect themselves and their businesses from financial losses caused by legal misunderstandings!
“2021 Year of Law·Seminar Series” is now under way, with Chinese employers from a wide range of sectors signing up!
Registration is open for “Legal protection and soaring success in the Year of the Ox — 2021 Year of Law Seminar Series”. Nearly 50 Chinese employers from different sectors across New Zealand have already been attracted to the programme, which will specifically address legal issues facing you and your business in various fields.
Wide-ranging, practical topics: legal protection for Chinese employers
The seminar series comprises five sessions and will cover areas closely linked to business development, including human resources, tax, commercial contracts (construction contracts and others), and trusts (business shareholding, trading trusts and family trusts). By explaining legislation and analysing real cases across these areas, the series will help business owners improve their legal awareness and provide businesses with better legal support and protection.
Leading lawyers present, with support from a parliamentary candidate! A free opportunity for face-to-face legal discussion!
The first seminar will take place on 25 March, jointly presented by EMA General Counsel and Head of Legal Matthew Dearing and Raymond Huo of Shieff Angland Lawyers, a former MP and former chair of Parliament's Justice Committee. The topic is “Human resources and employment law”. National Party Chinese parliamentary candidate Nancy Lu and EMA CBC head Anna Li have also been invited to co-host.
As a standing member of the Auckland District Law Society's Employment Law Committee, Matthew Dearing has worked across many fields with businesses of different sizes over the years. His main areas include resolving disputes, corporate restructuring, employee performance, reviewing and drafting employment agreements and internal policies, and advising on a broad range of employment matters.
At the event, Matthew will explore and explain New Zealand employment law in depth. He will cover four areas: an outline of the fundamentals of New Zealand employment law; the latest personal grievance figures; the latest details on work visas, immigration and related issues; and the latest public holiday and sick leave provisions. The content will be substantial, wide-ranging and practical.
Event time:
Thursday 25 March 2021, 16:00–18:00
Venue:
EMA Business Hub, 145 Khyber Pass Rd, Grafton, Auckland.
Businesses and individuals are warmly invited to register. Places are limited!
