Casual Employment Dismissal Casual Employment Casual Employment Unfair Dismissal Unfair Dismissal If a casual employee is unfairly dismissed by their employer during a period of casual engagement the employee can bring an unjustified dismissal claim. Continue reading
Letter of resignation Constructive Dismissal Constructive Dismissal To support a claim for constructive dismissal it is important that an effective resignation letter is written. Personal Grievance Resignation letter examples. Continue reading
Responding to a Personal Grievance Employment Law Advice For Employers Employment Law Advice For Employers If a personal grievance is raised with an employer, it is important that the employer responds to the personal grievance in a well considered and strategic way. Continue reading
Federated Farmers Employment Contract Disputes Employment Law Advice For Employers Employment Law Advice For Employers The Federated Farmers Employment Contract is commonly used by farmer employers. We represent employers in employment disputes where problems arise with these contracts. The correct preparation and execution of the Federated Farmers Employment Agreement is important for the farmer employers that use them. Continue reading
PSPLA Workplace Investigation Employment Law Advice For Employers Employment Law Advice For Employers The New Zealand employment law scene still suffers with its unlicenced employment investigators. Many untrained workplace investigators who front themselves primarily as Human Resources consultants are holding themselves out as being investigator to the employer in employment investigations where they receive valuable consideration for doing so. A recent Private Security Personnel Licensing Authority (PSPLA) decision has confirmed the restriction on this practice where the investigator does not hold a licence. Continue reading
Wage Subsidy Covid-19 Employment Law Advice For Employers Employment Law Advice For Employers Covid 19 Covid 19 The New Zealand Covid-19 Wage Subsidy is designed to subsidise the employer in paying wages to their employees. Breaches of the Wages Protection Act. Continue reading
Regulation of Employment Advocates Employment Lawyers Employment Lawyers There is no case to regulate employment advocates. The report, Regulating Lawyers in Aotearoa New Zealand finds it to be a waste of time. The Employment Law Institute of New Zealand ELINZ go on about this but they are unable to articulate a specific case for regulation of employment advocates. Continue reading
Joyce v Ultimate Siteworks Advocate Lawyer Conduct Employment Lawyers Employment Lawyers Employment Court Employment Court Joyce v Ultimate Siteworks Limited [2024] NZEmpC 204 - Advocate and Lawyer Conduct. Breaching our client's privacy, using an AMINZ complaint as a bargaining chip, pressuring us to discontinue representation and a SLAPP. Employment Law Institute of New Zealand ELINZ refusing to deal with complaints and refusing to make ELINZ Members provide client files to client's and acting representatives. Continue reading
What is an Unless Order? Employment Lawyers Employment Lawyers An Unless order, if granted, gives a party one last opportunity to remedy their breach. Continue reading
Penalties for unpaid wages Employment Lawyers Employment Lawyers The Employment Relations Authority is able to award penalties against an employer where the employer has sustainably failed to pay wages and minimum entitlements. Continue reading
How Employment Mediation Works Employment Mediation Employment Mediation In the employment law jurisdiction the ERA and the Employment Court have the power to direct parties to use mediation. Here is how employment mediation process works and an insight into common behaviours used during employment mediation. Continue reading
Employment Mediation Employment Mediation Employment Mediation Going to a MBIE Employment Mediation can be stressful and daunting for an employee. The mediator will work to encourage settlement before the case goes to the ERA. We put it in perspective here. Continue reading
MBIE Mediation Opening Statement Employment Mediation Employment Mediation Preparing an opening statement for MBIE Mediation is important as it helps tell the other party and the mediator your story and what you are seeking for resolution. It will also become a good starting point for an Employment Relations Authority witness statement if your matter does not settle at or after mediation. Continue reading
Record of Settlement Employment Mediation Employment Mediation Where an employee has a personal grievance for unfair dismissal, unjustified disadvantage or any other claim, the parties are required to attend an employment mediation. Whether an employment dispute is resolved before or at mediation both the employer and employee must be able to sign the record of settlement agreement. We describe methods of how signing can be achieved remotely. Continue reading
Personal Grievance Employment Advocate Authority to Act Form Employment Mediation Employment Mediation Employment Lawyers Employment Lawyers Got a Personal Grievance? Ask for an Authority To Act form. Even the regulated no win no fee employment law advocates are not playing by the rules. Continue reading
Restraint of trade provisions in settlements Employment Mediation Employment Mediation Employment Lawyers Employment Lawyers Employees beware: A restraint of trade provision in an employment agreement can be challenged, but if put into a settlement agreement the restraint of trade is enforceable. Continue reading
Costs in the Employment Relations Authority ERA Costs ERA Costs The Employment Relations Authority issued an updated practice note on costs. The relevant daily tariff remains at $4,500 for the first day and $3,500 for subsequent days. Continue reading
Employee ERA Costs Uplift ERA Costs ERA Costs When an employee is successful in taking a claim to the Employment Relations Authority, the employee is entitled to a contribution to costs. Continue reading
Employer ERA Costs ERA Costs ERA Costs Employment Law Advice For Employers Employment Law Advice For Employers When an employer wins an Employment Relations Authority case the employer's costs might have been tens of thousands of dollars, but claiming it all back against the employee is near impossible. Continue reading
Unreasonable Employment Lawyer Costs ERA Costs ERA Costs Employment Lawyers Employment Lawyers Employment Law Advice For Employers Employment Law Advice For Employers Employers beware of high employment lawyer fees when defending a personal grievance claim. Continue reading
Pay as you go holiday pay Holidays Act 2003 Holidays Act 2003 Casual Employment Casual Employment Strict conditions must be met for an employer to pay an employee pay-as-you-go holiday pay in casual employment and fixed-term employment placements that exceed 12 months. Continue reading
How No Win No Fee Works No Win No Fee No Win No Fee "No Win, No Fee" describes an arrangement where an advocate takes on a case for a client and the client is charged upon a successful result being achieved. Cases are settled or taken further on a case by case basis with regard to the merits of the case. Continue reading
No Win No Fee Employment Law No Win No Fee No Win No Fee We describe some of the practices some advocacy firms are still undertaking and what people should be aware of before signing up to No Win No Fee. Continue reading
Employment Advocates No Win No Fee No Win No Fee We are employment law advocates representing both employers and employees in mediation, the Employment Relations Authority and the Employment Court. Continue reading
Employment Relations Court No Win No Fee No Win No Fee ERA ERA There are important steps to be taken before filing in the Employment Relations Authority and attending an Investigation Meeting. The first stages can be fast tracked by filing an application without having first raised a personal grievance letter. Continue reading
150A Payment on resolution of problem and Advocates' GST Invoices are lawful No Win No Fee No Win No Fee Employment Lawyers Employment Lawyers Employment Law Advice For Employers Employment Law Advice For Employers Parties can agree that an advocate is paid directly by the employer in terms of an s 149 record of settlement. "Payment" excludes legal or advocacy services where such service is a separate term of the settlement and a GST invoice for a defined sum is provided to the other party. Continue reading
No Win No Fee For Employers No Win No Fee No Win No Fee Employment Law Advice For Employers Employment Law Advice For Employers Employment Lawyers Employment Lawyers There are a lot of employers who think that "No Win, No Fee" is an arrangement available to their business in defending a personal grievance or other claims. Continue reading
The National Party No Win No Fee policy No Win No Fee No Win No Fee National has a Small Business Policy and JobStart scheme aim to get rid of No Win No Fee Employment Law in addition to National's other proposed changes. We present our view on this. Continue reading
Employment Advocates in the Employment Court No Win No Fee No Win No Fee Employment Lawyers Employment Lawyers Employment Court Employment Court Auckland District Law Society ADLS calls for ban on Employment Advocates in the Employment Court. We wrote to the Minister to give a submission. Continue reading
Recording Conversations at Work Unfair Dismissal Unfair Dismissal You do not need permission to record a conversation that you are party to but there are consequences that you may face later if you record conversations without permission. Continue reading
Employment Relations Authority Investigation Unfair Dismissal Unfair Dismissal ERA ERA Employment Relations Authority Investigation Meeting. Unfair dismissal personal grievance employment law tribunal. Employment Relations Act 2000. Continue reading
Constructive Dismissal Unfair Dismissal Unfair Dismissal Constructive Dismissal Constructive Dismissal Constructive Dismissal Personal Grievance Law. Claiming unfair dismissal compensation? Talk to us before you resign. No Win No Fee Employment Law. Continue reading
90 Day Trial Dismissal Unfair Dismissal Unfair Dismissal New Zealand 90 day trial period law. An employee can still bring a personal grievance for unjustified dismissal if a 90 day trial period is invalid. Continue reading
Unfair Dismissal During Probation Unfair Dismissal Unfair Dismissal During a Probationary Period of employment an employee is entitled to fair treatment during a probationary period and has personal grievance rights. Continue reading
When a Redundancy is an Unfair Dismissal Unfair Dismissal Unfair Dismissal Redundancy Redundancy The Employment Court upheld a determination of the Employment Relations Authority that an employer pay its former employee substantial compensation for hurt and humiliation in remedy of the redundancy having been found unjustifiable. Continue reading
Identification of Employer Unfair Dismissal Unfair Dismissal Employment Law Advice For Employers Employment Law Advice For Employers Where there is confusion or ambiguity of the identity of the employer the legal test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between employer and employee. Continue reading
Labour Hire Triangular Employment Dismissal Unfair Dismissal Unfair Dismissal Labour hire temp recruitment agencies and their clients can both become liable for unfair dismissal under the new Triangular Employment legislation. Continue reading
Conditional Employment Offer Letter Unfair Dismissal Unfair Dismissal When a conditional offer of employment is made to an employee and that offer is accepted and the employer later moves to withdraw that offer unfairly, the employee can make a claim for unfair dismissal, regardless of whether that employee has started work. Continue reading
Employee Unfair Dismissal and Personal Grievance Evidence Matters Unfair Dismissal Unfair Dismissal Unfair Dismissal and Personal Grievance cases require the employee to give evidence and provide clear and convincing proof to support their claim. Employee advice on evidence gathering. Continue reading
Dismissal for Medical Incapacity Unfair Dismissal Unfair Dismissal Employers are not expected to keep a sick or incapacitated employee's job open for an indefinite period. The tests of fairness and reasonableness apply. Continue reading
Disciplinary Meeting Unfair Dismissal Unfair Dismissal In a disciplinary meeting an employee has rights to procedural fairness and to be fairly heard. We represent employees at disciplinary meetings. Continue reading
Christmas Party Misconduct Unfair Dismissal Unfair Dismissal Consumption of alcohol and bad behaviour at Christmas functions is not uncommon. Employment Relations Authority decisions involving Christmas party incidents that have led to disciplinary action up to and including dismissal. Continue reading
Labour Department NZ Unfair Dismissal Unfair Dismissal The Labour Department is administered by Employment New Zealand and provides Mediation Services for employers and employees. We represent employees in unfair dismissal, personal grievance and minimum entitlement claims. Continue reading
WINZ My MSD Login Unfair Dismissal Unfair Dismissal Unfair Dismissal Are you going to My MSD Login for a WINZ benefit? The WINZ 13 week non-entitlement stand down can be waived if you have been dismissed unfairly. Continue reading
MyIR Login Account My IRD Records Unfair Dismissal Unfair Dismissal Employee IRD Records for unfair dismissal case. myIR Account Login is required to obtain IRD records for quantifying unfair dismissl claims. Continue reading
Covid 19 Response (Vaccinations) Legislation Act 2021 Unfair Dismissal Unfair Dismissal Covid 19 Covid 19 A paid four week notice period will apply if dismissal occurs when an employee has chosen not to be Covid-19 vaccinated. Covid 19 Response (Vaccinations) Legislation Act 2021 advice. It also deals with employers needing to pay for time off for workers to get vaccinated. Continue reading
No Jab No Job Unfair Dismissal Unfair Dismissal Covid 19 Covid 19 Employees holding positions that require vaccination and refuse to get vaccinated will end up being dismissed from their employment. Procedural fairness and substantive justification still applies. Unjustified disadvantage personal grievances. Minimum wage entitlement issues during Covid-19 lockdown. Continue reading