Employment Relations Authority
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Employment Relations Authority
The New Zealand Employment Relations Act 2000 (sometimes known by its acronym, ERA) is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001 and by the ERAA (No 2) 2004. Preceding statutes The original statute governing employment relations in New Zealand was the Industrial Conciliation and Arbitration Act 1894 (ICAA). It remained in force for 80 years from 1894 to 1973. In 1973, the Third Labour Government brought in the Industrial Relations Act 1973 (IRA). In 1987, the Fourth Labour Government brought in the Labour Relations Act 1987 (LRA). In 1991, the Fourth National Government brought in the Employment Contracts Act 1991 (ECA). It was in force from 15 May 1991 to 2 October 2000 when it was repealed by the Fifth Labour Government and replaced with the ERA 2000. The ICAA and IRA gave the most power to a government agency to force employers and employ ...
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New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and ...
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Department Of Labour (New Zealand)
The Department of Labour ( mi, Te Tari Mahi) was a New Zealand public sector organisation tasked with improving the performance of the labour market and, through this, strengthening the economy and increasing the standard of living. It was replaced with the Ministry of Business, Innovation and Employment on 1 July 2012. History The Department was established under the Liberal Government of New Zealand in 1891 as the Bureau of Industries with Edward Treager as its sole employee. The following year, when W. Pember Reeves was appointed the first Minister of Labour, the department changed its name to the Department of Labour. The Labour Department Act 1893 defined the general duties of and powers of the department, which were to administer the labour laws, acquire and disseminate knowledge of occupations with a view to improving relations between employers and workers, and collect and publish information on industries and rates of wages. Over time, the functions of the departm ...
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Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omis ...
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Indemnity
In contract law, an indemnity is a contractual obligation of one party (the ''indemnitor'') to compensate the loss incurred by another party (the ''indemnitee'') due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party (the ''guarantor'') to another party to perform the promise of a relevant other party if that other party defaults. Indemnities form the basis of many insurance contracts; for example, a car owner may purchase different kinds of insurance as an indemnity for various kinds of loss arising from operation of the car, such as damage to the car itself, or medical expenses following an accident. In an agency context, a principal may be obligated to indemnify their agent for liabilities incurred while carrying out responsibilities under the relationship. While the events giving rise ...
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New Zealand Human Rights Act 1993
The Human Rights Act 1993 is an Act of the Parliament of New Zealand that deals with discrimination. It was a consolidation and amendment of the Race Relations Act 1971 and the Human Rights Commission Act 1977. It came into force on 1 February 1994. The Act governs the work of the New Zealand Human Rights Commission. Legislative features The act outlawed discrimination on a wide variety of grounds, including: # Sex (including pregnancy and childbirth) # Marital status # Religious belief # Ethical belief # Colour # Race # Ethnic or national origins # Disability # Age # Political opinion # Employment status # Family status # Sexual orientation There are a significant number of caveats, including "genuine occupational qualification," "domestic employment in a private household," "to preserve reasonable standards of privacy," "national security" and "organised religion." The Act does not explicitly prohibit discrimination on the basis of gender identity, and the New Zealand ...
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Subway Sandwich
Subway is an American multinational fast food restaurant franchise that specializes in submarine sandwiches (subs), wraps, salads and drinks. Subway was founded by 17-year-old Fred DeLuca and financed by Peter Buck in 1965 as Pete's Super Submarines in Bridgeport, Connecticut. After several name changes in the beginning years, it was finally renamed Subway in 1972, and a franchise operation began in 1974 with a second restaurant in Wallingford, Connecticut. Since then, it has expanded to become a global franchise. Subway serves an array of topping choices, allowing the customer to choose which toppings are included in their sandwich. The longtime Subway slogan, "Eat Fresh", is intended to indicate the fresh ingredients that are used in their sandwiches. It was the fastest-growing franchise in the world in 2015 and, as of June 2021, had 37,540 locations in more than 100 countries and territories. More than half its locations (21,796 or 58.1%) are in the United States. I ...
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Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trus ...
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Goods And Services Tax (New Zealand)
Goods and Services Tax (GST) is a value-added tax or consumption tax for goods and services consumed in New Zealand. GST in New Zealand is designed to be a broad-based system with few exemptions, such as for rents collected on residential rental properties, donations, precious metals and financial services. Because it is broad-based, it collects 31.4% of total taxation, making New Zealand the highest taxed country in the OECD in terms of sales tax as a proportion of GDP. The rate for GST effective since 1 October 2010 is 15%. This 15% tax is applied to the final price of the product or service being purchased and goods and services are advertised as GST inclusive. Reduced rate GST (9%) applies to hotel accommodation on long term basis (longer than 4 weeks). Zero rate GST (0%) applies to exports and related services; financial services; land transactions; international transportation. Financial services, real estate, precious metals are exempt (0%) Background GST was introduced b ...
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Accident Compensation Corporation
The Accident Compensation Corporation (ACC) ( mi, Te Kaporeihana Āwhina Hunga Whara) is the New Zealand Crown entity responsible for administering the country's no-fault accidental injury compensation scheme, commonly referred to as the ACC scheme. The scheme provides financial compensation and support to citizens, residents, and temporary visitors who have suffered personal injuries. The corporation was founded as the Accident Compensation Commission on 1 April 1974 as a result of the Accident Compensation Act 1972. Its principal governing act today is the Accident Compensation Act 2001. As a Crown entity, ACC is governed by a board that is responsible to the Minister for ACC. Unlike most other Crown entities, it has its own dedicated ministerial portfolio, which since July 2020 has been held by Carmel Sepuloni. History The ACC has its origins in the Workers' Compensation for Accidents Act 1900, which established a limited compensation scheme for workers who had suffered injur ...
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PAYE
A pay-as-you-earn tax (PAYE), or pay-as-you-go (PAYG) in Australia, is a withholding of taxes on income payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as determined on tax returns. PAYE may include withholding the employee portion of insurance contributions or similar social benefit taxes. In most countries, they are determined by employers but subject to government review. PAYE is deducted from each paycheck by the employer and must be remitted promptly to the government. Most countries refer to income tax withholding by other terms, including pay-as-you-go tax. United Kingdom Origins Devised by Sir Paul Chambers, PAYE was introduced into the UK in 1944, following trials in 1940–1941. As with many of the United Kingdom's institutional arrangements, the way in which the state collects income tax through PAYE owes much of its form and structure to the peculiarities of the era in which ...
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Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ...
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Bryson V Three Foot Six Ltd
''Bryson v Three Foot Six Ltd'' was a decision of the Supreme Court of New Zealand regarding the real status of a worker as either an employee or an independent contractor. The case concerned whether or not the Employment Court had erred in law by determining that Bryson was an employee of Three Foot Six Ltd. The decision has been made redundant in the film industry by the passage in 2010 of the Employment Relations (Film Production) Amendment Act during the production of ''The Hobbit.'' Background Bryson, a hobby model-maker for twenty years had worked for Weta Workshops in 1996 and 1997 before working for them again in 1998 and in 2000 to make models for ''The Lord of the Rings''. In April 2000, Bryson was seconded to a temporary position at Three Foot Six, although after two weeks work he was offered a permanent position as an on set model technician. Bryson was not given any form of written employment agreement when he began work at Three Foot Six. In October 2000 Three F ...
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