In this edition of the Echo, we consider the return of the Termination of Employment by Agreement Bill, and review two cases: the Labour Inspectorate's investigation of Gloriavale, and privacy obligations when reusing employee information. We also discuss the new stalking and harassment offence, and how an employer should support affected employees.
Pay and walk away: the Termination of Employment by Agreement Bill returns
Nearly two years after its introduction, ACT MP Laura McClure’s Employment Relations (Termination of Employment by Agreement) Amendment Bill is back in the spotlight. Having passed through the Education and Workforce Committee, the Bill is currently before the House at its second reading.
As we noted in an earlier edition of the Echo, this Bill would allow employers to offer, negotiate and reach an agreement with an employee to terminate their employment in exchange for a payment, without needing to first establish an existing dispute as is currently required to invoke without-prejudice privilege. We expect this framework will be most commonly utilised in circumstances where the employer does not consider the employee is the right fit for the role, does not have the necessary skills to perform the role, or where the employer considers it may need to carry out a restructure but has not yet commenced the process.
The Select Committee, which recommended by majority that the Bill be passed with amendments, recommended that the Bill be more closely aligned...
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