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Ambiguous legislation and government advice
Difference between employer vicarious liability and personal liabilityCongressional History and Legislative Intent of Statute 18 U.S.C.1832Can one contract a non-lawyer to represent them in court and get the other party pay for fees?In Canada and England & Wales, why' 'versus' pronounced as 'and'?Can addressee of lost in post item break the privity of contract between sender and post?Is there duty to mitigate damages by killing and replacing injured animal instead of curing it?Are lawyers generally discouraged to give high level/strategic legal advice?Both expended and encumbered or can be one
When legislation wording is ambiguous enough to potentially conflict with government advice interpreting that legislation elsewhere, how should this be resolved?
For example, in New Zealand, holiday pay is dealt with under the Holidays Act 2003, and as an example the legislation has this clause in it:
An employer must pay the employee 8% of the employee’s gross earnings
since the commencement of employment, less any amount—
(a) paid to the employee for annual holidays taken in advance; or
(b) paid in accordance with section 28.
Section 23(2): amended, on 1 April 2007, by section 42.
http://www.legislation.govt.nz/act/public/2003/0129/latest/DLM236886.html
However, the New Zealand governments employment website offers the following interpretation of that legislation:
These employees get an annual holiday payment of 8% of their gross
earnings. Gross earnings:
- is calculated from the start of employment, and
- include any other
payments made in the employee’s final pay.
If the employee has taken
annual holidays in advance or has been paid for annual holidays on a
pay-as-you-go basis, the amount paid is deducted from gross earnings.
https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-payment-for-leave-and-holidays-in-final-pay/
This means there are two ways to formulate this calculation:
- (gross pay - advance leave) * 0.08
- (gross pay * 0.08) - advance leave
These two approaches differ wildly in outcome - the first in the employees favour, the second in the employers favour. On gross earnings of $100k, the difference can be several thousand dollars.
When the advice given is a government website specifically intended to give advice in this area, how are differences in interpretation generally handled?
The second website does contain a disclaimer about not being legal advice, but that seems pretty weak when the entire website is intended to guide employers and employees in their requirements and obligations.
The examples are from NZ, so an NZ specific answer would be nice, but I'd also like to hear what other countries and jurisdictions do as well.
new-zealand legislative-intent
asked 1 min ago
MooMoo
242129
add a comment |
When legislation wording is ambiguous enough to potentially conflict with government advice interpreting that legislation elsewhere, how should this be resolved?
For example, in New Zealand, holiday pay is dealt with under the Holidays Act 2003, and as an example the legislation has this clause in it:
An employer must pay the employee 8% of the employee’s gross earnings
since the commencement of employment, less any amount—
(a) paid to the employee for annual holidays taken in advance; or
(b) paid in accordance with section 28.
Section 23(2): amended, on 1 April 2007, by section 42.
http://www.legislation.govt.nz/act/public/2003/0129/latest/DLM236886.html
However, the New Zealand governments employment website offers the following interpretation of that legislation:
These employees get an annual holiday payment of 8% of their gross
earnings. Gross earnings:
- is calculated from the start of employment, and
- include any other
payments made in the employee’s final pay.
If the employee has taken
annual holidays in advance or has been paid for annual holidays on a
pay-as-you-go basis, the amount paid is deducted from gross earnings.
https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-payment-for-leave-and-holidays-in-final-pay/
This means there are two ways to formulate this calculation:
- (gross pay - advance leave) * 0.08
- (gross pay * 0.08) - advance leave
These two approaches differ wildly in outcome - the first in the employees favour, the second in the employers favour. On gross earnings of $100k, the difference can be several thousand dollars.
When the advice given is a government website specifically intended to give advice in this area, how are differences in interpretation generally handled?
The second website does contain a disclaimer about not being legal advice, but that seems pretty weak when the entire website is intended to guide employers and employees in their requirements and obligations.
The examples are from NZ, so an NZ specific answer would be nice, but I'd also like to hear what other countries and jurisdictions do as well.
new-zealand legislative-intent
asked 1 min ago
MooMoo
242129
add a comment |
When legislation wording is ambiguous enough to potentially conflict with government advice interpreting that legislation elsewhere, how should this be resolved?
For example, in New Zealand, holiday pay is dealt with under the Holidays Act 2003, and as an example the legislation has this clause in it:
An employer must pay the employee 8% of the employee’s gross earnings
since the commencement of employment, less any amount—
(a) paid to the employee for annual holidays taken in advance; or
(b) paid in accordance with section 28.
Section 23(2): amended, on 1 April 2007, by section 42.
http://www.legislation.govt.nz/act/public/2003/0129/latest/DLM236886.html
However, the New Zealand governments employment website offers the following interpretation of that legislation:
These employees get an annual holiday payment of 8% of their gross
earnings. Gross earnings:
- is calculated from the start of employment, and
- include any other
payments made in the employee’s final pay.
If the employee has taken
annual holidays in advance or has been paid for annual holidays on a
pay-as-you-go basis, the amount paid is deducted from gross earnings.
https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-payment-for-leave-and-holidays-in-final-pay/
This means there are two ways to formulate this calculation:
- (gross pay - advance leave) * 0.08
- (gross pay * 0.08) - advance leave
These two approaches differ wildly in outcome - the first in the employees favour, the second in the employers favour. On gross earnings of $100k, the difference can be several thousand dollars.
When the advice given is a government website specifically intended to give advice in this area, how are differences in interpretation generally handled?
The second website does contain a disclaimer about not being legal advice, but that seems pretty weak when the entire website is intended to guide employers and employees in their requirements and obligations.
The examples are from NZ, so an NZ specific answer would be nice, but I'd also like to hear what other countries and jurisdictions do as well.
new-zealand legislative-intent
asked 1 min ago
MooMoo
242129
When legislation wording is ambiguous enough to potentially conflict with government advice interpreting that legislation elsewhere, how should this be resolved?
For example, in New Zealand, holiday pay is dealt with under the Holidays Act 2003, and as an example the legislation has this clause in it:
An employer must pay the employee 8% of the employee’s gross earnings
since the commencement of employment, less any amount—
(a) paid to the employee for annual holidays taken in advance; or
(b) paid in accordance with section 28.
Section 23(2): amended, on 1 April 2007, by section 42.
http://www.legislation.govt.nz/act/public/2003/0129/latest/DLM236886.html
However, the New Zealand governments employment website offers the following interpretation of that legislation:
These employees get an annual holiday payment of 8% of their gross
earnings. Gross earnings:
- is calculated from the start of employment, and
- include any other
payments made in the employee’s final pay.
If the employee has taken
annual holidays in advance or has been paid for annual holidays on a
pay-as-you-go basis, the amount paid is deducted from gross earnings.
https://www.employment.govt.nz/leave-and-holidays/calculating-payments-for-leave-and-holidays/calculating-payment-for-leave-and-holidays-in-final-pay/
This means there are two ways to formulate this calculation:
- (gross pay - advance leave) * 0.08
- (gross pay * 0.08) - advance leave
These two approaches differ wildly in outcome - the first in the employees favour, the second in the employers favour. On gross earnings of $100k, the difference can be several thousand dollars.
When the advice given is a government website specifically intended to give advice in this area, how are differences in interpretation generally handled?
The second website does contain a disclaimer about not being legal advice, but that seems pretty weak when the entire website is intended to guide employers and employees in their requirements and obligations.
The examples are from NZ, so an NZ specific answer would be nice, but I'd also like to hear what other countries and jurisdictions do as well.
new-zealand legislative-intent
new-zealand legislative-intent
asked 1 min ago
MooMoo
242129
asked 1 min ago
MooMoo
242129
asked 1 min ago
MooMoo
242129
asked 1 min ago
MooMoo
242129
asked 1 min ago
MooMoo
242129
242129
add a comment |
add a comment |
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