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23 days ago

Employment ERA ruling

Ronald from Maxron Associates

Its 3 weeks old now, but still an example of how employers can make mistakes. its important to have good polices and practices if you don't want to run foul of the law. Follow the link and have a read
www.nzherald.co.nz...

49 days ago

Employment Relations, ERA orders company to pay

Ronald from Maxron Associates

Attached is a link to an article that is of value to business owners large and small and definitely worth a read.
www.nzherald.co.nz...

534 days ago

Holiday pay

Ronald from

Are you a shift worker, a part time worker, do you employ either. It might be worth following the link.
nzh.tw...

724 days ago

Maxron Associates Ltd

Ronald from

I have just been appointed as an affiliate of the Arbitrators and Mediators Institute of NZ.
AMINZ - The centre of excellence in dispute resolution
AMINZ is the largest professional institute in New Zealand for people working in the area of dispute resolution. Its members include arbitrators, … View more
I have just been appointed as an affiliate of the Arbitrators and Mediators Institute of NZ.
AMINZ - The centre of excellence in dispute resolution
AMINZ is the largest professional institute in New Zealand for people working in the area of dispute resolution. Its members include arbitrators, mediators, adjudicators, conciliators, facilitators, investigators and expert witnesses who come from a variety of sectors. So if you have a dispute, of any kind, AMINZ is best able to provide you with a professional who can help you to solve it.
The Institute is also a major coordinator of dispute resolution education. Its professional qualifications are recognised internationally. It has close ties with many similar organisations overseas.

784 days ago

Recording of Employees

Ronald from

Im a little confused over all the fuss regrading an MP who is said to have monitored and or recorded the conversations of one of his employees without their knowledge.

It is being stated he had committed a crime under the crimes act in doing so, really. It raised a couple of questions for me.

View more
Im a little confused over all the fuss regrading an MP who is said to have monitored and or recorded the conversations of one of his employees without their knowledge.

It is being stated he had committed a crime under the crimes act in doing so, really. It raised a couple of questions for me.

One is: What has he done that isn’t being done all over the country by hundreds of employers in NZ every day of the week?

There are cameras in just about every restaurant, shopping store, bar, clothing store and a multitude of other places all over the nation. You are being recorded every time you get into a bus to go to work and in many cases so is the conversation between you and the driver. Before any one says but you can see those, yes, I know but what about the ones you can’t.

I’ve been involved in IR and ER issues for a long time and can say that employers regularly put covert cameras in to areas they believe people are stealing from or otherwise misappropriating stock, money, goods or whatever.

Once gathered that “evidence” is then put to the targeted employee or employees as a fait accompli. The expectation being that the now trapped employee says, “fair cop guv”, and leaves.

Suppose he or she doesn’t fall on the sword and stays to argue. Now im no lawyer but if the Todd Barclay issue is correct and the “evidence” is obtained surreptitiously and therefor unlawfully how can it be admissible in court or the ERA or wherever you end up.

That being the case then why is there not a que of disgruntled employees, union members, advocates et-al waiting to pursue remedies in mediation or ERA? Why are dozens of employers not facing charges under the crimes act?

Some time ago I was involved in an issue relating to a staff member accused of theft. The accusation was that the staff member was stealing stock (alcohol) from a store room at work as well as other items. The employer acting on their suspicions hired a private detective who installed covert cameras in identified areas and monitored the person’s behaviour over a period of four weeks.

At the end of the period the employee was confronted shown the footage and asked to leave or the police would be called. Personally, I doubt the police would have been interested as the amount of theft if proven wasn’t an eye watering figure. The PI an ex police officer knew this but relied on the camera footage as a strong enough threat to make the person leave. The employee denied any wrongdoing declined to resign and was fired. A complaint of unfair dismissal ensued and it was off to the Employment Relation’s Authority.

The PI gave his evidence spoke to the veracity of the camera footage as proof of theft, said he was astonished that anyone would argue after seeing the footage. The ERA member for their part said they had watched the footage and gave it no weight. It did not show what happed to the goods after removal from the room, it did not show if or what the person removing it had done with it. How did the employer know that the employee wasn’t simply cleaning the room and put the goods back after? Long story short the employer was found to have not completed a full and proper investigation and the employee was awarded several thousand dollars in compensation. Was that employer charged under the crimes act for unlawfully recording a person. No is the answer.

My other question relates to the Barclay incident itself.

Was he present or involved in any of the incidents he recorded, if he has broken no law. You are allowed per the Crimes Act and the Privacy Act to record anything as long you are a party to it.

What was the nature of the breakdown between the employer and employee, how long had it been going on, was it because of him directly or something he inherited when he took over the office? I don’t suppose we will ever know that now as the settlement was confidential.

I would suggest that the only reason it’s an issue at all is because:
(a) He is an MP
(b) Its election year, and what’s an election year without a controversy of some sort
(c) He got caught because she wouldn’t walk away as expected.

829 days ago

Teacher only days

Ronald from

Teacher only days must be the curse of many parents. As a parent of five and an ex school board member for three different schools I have never been able to get my head round teacher only days.

Teacher only days are often cited as tool for personal teacher development, curriculum management … View more
Teacher only days must be the curse of many parents. As a parent of five and an ex school board member for three different schools I have never been able to get my head round teacher only days.

Teacher only days are often cited as tool for personal teacher development, curriculum management meetings, trade union education days et-al.

What I don’t get is why they must be in term time. My own experience as a parent and ex board member is that these days almost always fall on a Friday before a long weekend or the first day of term after a school holiday. Coincidence perhaps?

Teachers by contract are only entitled to 20 days per year of holidays the same as the rest of us. The same contract requires that they are available to work during the school holidays, unless on approved annual leave or some form of approved special leave without pay.

Why do school management and/or the Ministry of Education not then require that all such days are scheduled during school holidays.

Why do parents have to be inconvenienced by having to arrange child care or similar support simply because school management can’t arrange a roster of activities without a negative impact on the client base.

It’s simple stuff guys, do this work in the school holiday’s.

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