Employment Relations Act 2000: Analysis and Case Study Report

This report analyzes the Employment Relations Act 2000, a key statute governing employment in New Zealand. The report outlines the Act's scope, including its application to various employment types and the roles of the Employment Court and Employment Relations Authority. It details the duties and obligations of both employers and employees, emphasizing good faith, mutual trust, and fair working relations. The report covers employer responsibilities such as providing a safe workplace and employee duties like performing work diligently. It further explores consequences of breaching these obligations, including dismissal, and provides a case study involving an assault incident. References to relevant legal literature are included to support the analysis, illustrating the practical application and implications of the Act within a workplace context.

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Employment Relations Act 2000
The Employment Relations Act is a statute of Parliament of New Zealand. This act
governs employee workplaces and activities. It is adjudicated through employment court and
employment relations authority. Further, it has an arbitration and mediation services
department which was established under the same act section 144. The coverage of the Act
entails persons who perform any type of work for payment through an employer or under
contractual services. The payments being facilitated in this description include commissions,
rates, wages or salaries. The Act does not cover the relationship between the contractor and
principal or between subcontractor and contractor. Whenever the employment relationship is
in doubt often, the Employment Court offers arbitration through consideration of all matters
with regards to the institute.
Under the Act, the duties and obligations of employers and employees under section 4
indicates that all parties must ensure they deal with each other in good faith. The contract
relationship is a special relationship under which workers and the employers have mutual
obligations which embed trust, confidence and fair working relations (Rudman, 2013).
The duties and obligations pertaining to employers entail paying the worker, ensure a
safe workplace. Permission to employees to take paid leave, nondiscrimination Act against
other employees, a provision was written employment agreements, taking the responsibilities
of all employees and conducting surveillance. The employees, on the other hand, have a duty
to work, obey instructions, undertaking tasks, overtime work, and showing of fidelity, take
care and drug testing. Breach of duties and obligations the above call for the employer to fire
the employee while a breach of employer allows the employee to resign and sue for
constructive dismissal.
This Act is in line with Colonial Hill Landscaping organizing as it entails working with
employees on various duties within and outside the work environment place. Colonial Hill
landscaping entails working with staffs that are within and far flank areas. Thus having the
right employees who can be trusted to facilitate the job is a fundamental step in ensuring that
outside landscaping activities are implemented successfully.
An example of good practice in relation to the act entails employees respecting the
employers doing their duties diligently as per their roles and descriptions of service. This is

observed by the employee’s observance of willing to perform their duties and responsibilities
as per the employment agreements.
Bad practices in relation to serious misconduct and could lead to sacking entails actions
such as having a shouting match with the employer which can include obscenities and abuse
directed to the boss. These actions by employees can lead to serious misconduct and lead to
dismissals if the actions are recurrent habits and warning letters have been provided to the
employee (Rasmussen, Hunt & Lamm, 2006).
A possible consequence of not adhering to the stipulated regulations entails summary
dismissal. This is an immediate dismissal for committing of serious disobedience or
misconduct. Actions of the employee through acts of violence, drunkenness, and reasonable
orders or insubordination could lead to grand reasons for suspensions and dismissal in
negative conduct. A case example is in 2005 during a case depicting Donna Tauhore assault
on a colleague. The action resulted in dismissal and eventual prosecution. She was acquainted
for assault by District Court, however, Employments Relation Authority ruling on her
dismissal was fair. The claim was justified based on the information available at that time and
the decisions by her employee for the dismissal (Rasmussen & Hannam 2012).

References
Rasmussen, E., & Hannam, B. (2012). Chronicle: February 2012-May 2012. New Zealand
Journal of Employment Relations, 37(2), 77.
Rasmussen, E., Hunt, V., & Lamm, F. (2006). New Zealand employment relations: Between
individualism and social democracy. Labour & Industry: a journal of the social and
economic relations of work, 17(1), 19-40.
Rudman, R. (2013). New Zealand Employment Law Guide (2013 edition). CCH New Zealand
Limited.