This episode explores recent changes in employment laws, including the reintroduction of the 90-day trial period and the removal of the Fair Pay Agreement legislation. Partners June Hardacre and Gillian Service cover the expanded application of the trial period, potential amendments to the personal grievance regime, and compare income threshold systems with Australia. They talk about the proposed amendments to parental leave, potential immigration changes, and the stagnant progress of the Holiday Act are discussed briefly. Furthermore, the podcast delves into worker status laws globally, highlighting critical litigation cases involving companies like Uber and Gloriavale. It also briefly touches on supply chain integrity and sustainable business practices
[00:01:12:17 - 00:01:46:03] - Recent Employment Law Changes
- Mention of the reintroduction of the statutory 90-day trial period and the scrapping of the Fair Pay Agreement legislation.
- Discussion about clients seeking advice on utilising the 90-day trial period.
[00:02:08:13 - 00:02:56:10] - Changes to 90-Day Trial Period
- Explanation of the change, previously applicable to smaller employers, now for all sizes.
- Reference to historical changes and the possibility of more adjustments to the personal grievance regime.
[00:03:24:21 - 00:04:48:18] - Potential Employment Changes
- Potential changes to the personal grievance regime, including amendments and income thresholds.
- Comparison with Australia's similar income threshold system.
[00:05:24:17 - 00:06:28:23] - Proposed Amendments to Parental Leave
- Nicola Willis's proposed amendments allowing parents to split parental leave. Discussion on the practical challenges for both employers and employees.
[00:06:29:00 - 00:08:04:20] - Immigration Landscape
- Mention of potential changes to immigration settings.
- Discussion on the focus on seasonal workers to address labour shortages.
[00:08:28:11 - 00:09:59:17] - Holiday Act Update
- Brief mention of the Holiday Act, highlighting the lack of progress despite a drafted bill.
- Uncertainty about whether the act will be pushed forward in 2024.
[00:10:04:17 - 00:11:54:23] - Worker Status Litigation
- In-depth discussion on worker status laws, the legal definitions, and their significance.
- Overview of global conversations on worker status and comparisons with other jurisdictions.
- Exploration of proposals and amendments that may impact worker status determinations.
[00:12:21:20 - 00:23:48:08] - Critical Litigation Cases
- Mention of high-profile cases involving worker status, including Uber and courier companies.
- Discussion on the Gloriavale cases and their focus on volunteer versus employee status.
- Speculation on the ongoing nature of the conversation, potential appeals, and the role of the courts.
- Brief mention of supply chain integrity and the relevance of sustainable business practices.
Information in this episode is accurate as at the date of recording, 25 January 2024.
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Please contact June Hardacre, Gillian Service or our Litigation team if you need legal advice and guidance on any of the topics discussed in the episode.
You can read our full Litigation Forecast 2024 article on employment litigation here.
