Press Release: Edwards Law
What you need to know about the latest developments in employment law
New Zealand's employment law is constantly changing whether as a result of new legislation or case law developments. Employment lawyers, Edwards Law, provide a brief update on some of the recent changes.
Fair Pay Agreements are now law
Despite significant criticism from businesses and industry groups, the Fair Pay Agreements Act 2022 is now in force, and the framework for implementing Fair Pay Agreements will come into effect from 1 December 2022.
You can read more on this in our article on 5 Key Points To Know About Fair Pay Agreements.
Uber drivers deemed employees, not contractors
Recently, the Employment Court (“Court”) determined that four current and former Uber drivers were employees, and not independent contractors. This will entitle the Uber drivers to the usual suite of employment entitlements such as minimum wage, holiday pay, sick leave, and KiwiSaver. This determination follows similar international decisions regarding Uber drivers, including in the UK, France, California, and the Netherlands.
The Court considered the ‘true nature’ of the working relationship and decided that, although the drivers had agreed to be engaged as contractors and this was stated in their contract with Uber, the level of control Uber had over the drivers meant they were in fact employees, rather than contractors.
Although this determination only applies to these four current and former...
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