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Employment Law NZ

We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. It is the object of the writer to discuss common and relevant issues in New Zealand employment law.

Employee Case Review

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

Last Updated: January 14, 2021 0800 WIN KIWI

90 Day Trial Period NZ

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

Last Updated: August 16, 2021 0800 WIN KIWI

Probationary Period NZ

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

Last Updated: October 5, 2021 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

Last Updated: October 3, 2020 0800 WIN KIWI

Constructive Dismissal NZ

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

Last Updated: August 7, 2021 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

Last Updated: November 28, 2021 0800 WIN KIWI

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

Last Updated: August 15, 2021 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

Last Updated: July 24, 2021 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, incompetent 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

Last Updated: July 24, 2021 0800 WIN KIWI

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