Employment / Workplace

Legislation Update

Created: Saturday, 02 June 2012 03:03


On 1 April 2012 the Minimum Wage Act 1983 was amended to increase the minimum wage from $13.00 to $13.50 per hour.

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Guidance Available on Severance Payments

Created: Thursday, 29 March 2012 07:18

All local authorities are required, pursuant to clause 33 of Schedule 10 of the Local Government Act 2002, to include information about severance payments made during the financial year.

The Controller and Auditor General's office has issued a new publication called "Severance Payments: A Guide for the Public Sector".

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Election 2011 - Workplace Policies

Created: Thursday, 17 November 2011 07:25

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New Tests for Justification and Reinstatement - Will They Make a Difference?

Created: Thursday, 17 November 2011 07:21

Before it was repealed by the Government on 1 April 2011, section 125 of the Employment Relations Act 2000 made reinstatement (where sought) the "primary remedy" for a personal grievance. Now the Authority and Employment Court may provide for reinstatement (where sought) "if it is practicable and reasonable to do so".

Section 103A was likewise introduced with effect from 1 April 2011. Section 103A(2) requires that substantive justification for a dismissal or other disciplinary action be determined objectively (ie the word "could" has been substituted for the former "would" in an otherwise materially identical subsection).

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Mediation, Settlement and Confidentiality

Created: Thursday, 17 November 2011 07:19

When attending a mediation with Department of Labour's Mediation Services, there is great comfort in knowing that it is an entirely confidential process and that nothing said in that forum can be later used against you. The policy behind confidentiality is important - the parties need to be able to be open and frank and should be genuinely attending mediation to try to resolve a dispute, and not for some ulterior motive.

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Adventure Tourism Regulations: "She'll be right" – will she?

Created: Wednesday, 02 November 2011 07:33

Previously published in Inside Tourism, Issue 857, 3 November 2011

The Adventure Activities regulations have been gazetted. They require adventure tourism and outdoor education operators, who provide activities that are designed to deliberately expose participants to a risk of serious harm, to undergo a safety audit and be registered. From 1 November 2014, it will be an offence under section 50 Health and Safety in Employment Act 1992 to provide an adventure activity unless the operator is registered as an "adventure activity operator". Under this section, depending on the type of offence, fines can be up to $250,000.

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