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.
NZ 90-day trial period law explained. If the trial clause or notice is defective, you may still raise a Personal Grievance (PG) for unjustified dismissal. Check common mistakes.
Mr Menzies lost company limited liability protection over grievance remedies in the ERA. We appealed to the Employment Court, but discontinued when it became futile. Catherine Stewart Barrister team repeatedly made veiled threats to seek a jail sentence against Mr Menzies in event of non-payment. Fresh evidence has led to a judicial review now underway.
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.
Joyce v Ultimate Siteworks Limited [2024] NZEmpC 204 - Advocate and Lawyer Conduct. Breaching our client's privacy, using a complaint as a bargaining chip, pressuring us to discontinue representation and a SLAPP.
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.
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.
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.
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.
