In this episode, Partners Gillian Service and June Hardacre, in our Employment team provide an insightful update on key employment law developments. They discuss key topics including worker status, good faith breaches, the integration of tikanga into employment law and potential changes on the horizon.
[01:00] June provides an overview of key cases, focusing on worker status, good faith, and non-publication orders, with notable developments from the Employment Court and Employment Relations Authority.
[03:30] Gillian and June look at legislative developments including the Holidays Act Reform, health and safety regulations and upcoming changes to contracting laws. They discuss the "gateway test" for determining contractor status.
[05:00] Gillian outlines the Uber Court of Appeal decision and its potential impact on businesses using standard-form contractor agreements. She touches on the broader implications for businesses with large, contracted workforces.
[12:00] June provides an update on the influence of tikanga in the employment court. They address the integration of tikanga principles, highlighting the cautious approach taken by the courts in applying these values.
[14:00] The pair then examine the introduction of implied contractual duties and the possibility of general damages. They discuss the evolving understanding of good faith in employment agreements, including a significant case that introduced new remedies for breaches of good faith.
Information in this episode is accurate as at the date of recording Tuesday, 26 September 2024.
Please contact Gillian Service, June Hardacre or our Employment team if you need legal advice and guidance on any of the topics discussed in the episode.
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Additional resources
Litigation Forecast 2024
Navigating the employment landscape: Courts, good faith, and tikanga
Navigating the employment landscape: What to expect from the new Government
