We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. This blog discusses common and relevant issues in New Zealand employment law.
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.
Auckland District Law Society ADLS calls for ban on Employment Advocates in the Employment Court. We wrote to the Minister to give a submission.
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.
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.
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.
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.
Employers beware of high employment lawyer fees when defending a personal grievance claim. Even if you win, recovering your actual legal spend in the ERA is usually limited by the daily tariff approach.
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.
