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 Published: June 28, 2022 Last Updated: June 28, 2022 Lawrence Anderson 0800 WIN KIWI
Disciplinary Meeting Unfair Dismissal Unfair Dismissal An employee has rights at a disciplinary meeting. An employee has the right to procedural fairness and to be heard. An employer must always have a sufficient and reliable evidential basis to conclude that an allegation is upheld before considering and deciding upon dismissal. Continue reading Published: January 14, 2021 Last Updated: January 14, 2021 Lawrence Anderson 0800 WIN KIWI
Employment Advocate Employment Lawyers Employment Lawyers An Employment Lawyer and Employment Advocate will practically do the same job. We are employment advocates and we represent both employers and employees. Continue reading Published: April 21, 2021 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
90 Day Trial Period Unfair Dismissal Unfair Dismissal A 90 day trial period clause must be valid and used correctly. When an employer attempts to use a 90 day trial period clause to dismiss an employee the employer must give correct notice. An employee can still bring a personal grievance for unjustified dismissal if the trial period is invalid or if notice is not correctly given by the employer. Continue reading Published: February 5, 2021 Last Updated: August 16, 2021 Lawrence Anderson 0800 WIN KIWI
How No Win No Fee Works No Win No Fee No Win No Fee "No Win, No Fee" describes an arrangement where a lawyer or 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 Published: April 3, 2022 Last Updated: April 3, 2022 Lawrence Anderson 0800 WIN KIWI
Costs in the Employment Relations Authority ERA Costs ERA Costs The Employment Relations Authority issued an updated practice note on costs which came into effect on 2 May 2022. The last practice note was issued in June 2016. The relevant daily tariff remains at $4,500 for the first day of any matter and $3,500 for subsequent days. Continue reading Published: February 9, 2022 Last Updated: May 17, 2022 Lawrence Anderson 0800 WIN KIWI
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 Published: October 3, 2021 Last Updated: October 3, 2021 Lawrence Anderson 0800 WIN KIWI
Probationary Period Unfair Dismissal Unfair Dismissal A Probationary Period is used by an employer to test the suitability of an employee before their employment becomes permanent. The employee is subject to scrutiny and review. Despite this, the employee is entitled to fair treatment during the probationary period. Continue reading Published: October 2, 2021 Last Updated: October 5, 2021 Lawrence Anderson 0800 WIN KIWI
Employer ERA Costs ERA Costs ERA Costs Employer Help Employer Help 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 Published: October 3, 2020 Last Updated: October 3, 2020 Lawrence Anderson 0800 WIN KIWI
Constructive Dismissal Unfair Dismissal Unfair Dismissal Constructive Dismissal Constructive Dismissal When an employee is about to be fired but the employer offers that the employee can resign, the employee will be giving up their personal grievance rights if they resign. Constructive dismissal could be a potential claim that could be raised by the employee but it is a more difficult path to take. The bottom line, we say, don't resign. Talk to us first. Continue reading Published: May 22, 2021 Last Updated: August 7, 2021 Lawrence Anderson 0800 WIN KIWI
Recording Conversations at Work Unfair Dismissal Unfair Dismissal You don’t 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 Published: January 16, 2021 Last Updated: January 16, 2021 Lawrence Anderson 0800 WIN KIWI
No Win No Fee Employment Law Employment Lawyers Employment Lawyers 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 Published: March 8, 2020 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: December 23, 2021 Last Updated: December 23, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: March 22, 2021 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: June 20, 2021 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: June 13, 2021 Last Updated: August 15, 2021 Lawrence Anderson 0800 WIN KIWI
Employment Relations Authority Investigation Unfair Dismissal Unfair Dismissal ERA ERA The Employment Relations Authority is an investigative body created by the Employment Relations Act 2000 to resolve employment disputes early and without regard to technicalities. Continue reading Published: April 26, 2021 Last Updated: August 15, 2021 Lawrence Anderson 0800 WIN KIWI
Identification of Employer Unfair Dismissal Unfair Dismissal Employer Help Employer Help 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 Published: May 16, 2022 Last Updated: May 16, 2022 Lawrence Anderson 0800 WIN KIWI
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 Published: April 2, 2022 Last Updated: April 2, 2022 Lawrence Anderson 0800 WIN KIWI
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 Published: August 15, 2021 Last Updated: August 15, 2021 Lawrence Anderson 0800 WIN KIWI
Responding to a personal grievance Employer Help Employer Help 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 Published: August 14, 2021 Last Updated: August 14, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: July 17, 2021 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
Letter of resignation Constructive Dismissal Constructive Dismissal Writing an effective letter of resignation is important to preserve and embrace the employment relationship. Alternatively, a correctly written resignation can support a claim for constructive dismissal. Continue reading Published: June 27, 2021 Last Updated: July 27, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: April 26, 2021 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
The National Party No Win No Fee policy Employment Lawyers Employment Lawyers 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 Published: August 27, 2020 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
PSPLA Workplace Investigation Employment Lawyers Employment Lawyers 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 Published: August 27, 2020 Last Updated: July 24, 2021 Lawrence Anderson 0800 WIN KIWI
Restraint of trade provisions in settlements Employment Mediation Employment Mediation Leighton Associates Leighton Associates 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 Published: June 28, 2022 Last Updated: June 28, 2022 Lawrence Anderson 0800 WIN KIWI
Unreasonable Employment Lawyer Costs ERA Costs ERA Costs Employment Lawyers Employment Lawyers Leighton Associates Leighton Associates Employers beware of unreasonable employment lawyer fees when defending a personal grievance claim. Continue reading Published: May 27, 2022 Last Updated: May 27, 2022 Lawrence Anderson 0800 WIN KIWI
Culturesafe and BOPDHB Unless Order Application Leighton Associates Leighton Associates Culturesafe New Zealand Limited, Allan Halse and Ana Shaw have sought to have allegations of contempt and applications for penalties made against them struck out by way of an unless order application. Continue reading Published: March 3, 2022 Last Updated: March 3, 2022 Lawrence Anderson 0800 WIN KIWI
Penalties for unpaid wages Leighton Associates Leighton Associates 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 Published: December 8, 2021 Last Updated: December 8, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: June 13, 2021 Last Updated: July 27, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: May 23, 2021 Last Updated: July 27, 2021 Lawrence Anderson 0800 WIN KIWI
MyIR Login Account My IRD Records Unfair Dismissal Unfair Dismissal An employees IRD Records from myIR Account Login is often required for us to take a case to Mediation, the Employment Relations Authority (ERA), or the Employment Court. Instructions on MyIR obtaining IRD Records are described here. Continue reading Published: May 18, 2021 Last Updated: November 30, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: November 28, 2021 Last Updated: November 28, 2021 Lawrence Anderson 0800 WIN KIWI
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 Published: November 3, 2021 Last Updated: November 28, 2021 Lawrence Anderson 0800 WIN KIWI
Wage Subsidy Covid-19 Employer Help Employer Help Covid 19 Covid 19 The New Zealand Covid-19 Wage Subsidy is designed to subsidise the employer in paying wages to their employees. New Zealand employment law applies during the Covid-19 pandemic. Breaches of the Wages Protection Act. Continue reading Published: September 7, 2021 Last Updated: November 28, 2021 Lawrence Anderson 0800 WIN KIWI