Penalties for unpaid wages
The Employment Relations Authority is able to award penalties against an employer where the employer has sustainably failed to pay wages and minimum entitlements.
Awarding a penalty against a party
Section 133A of the Employment Relations Act 2000 requires the Authority to have regard to the object of the Act, the nature and extent of the breach, whether they were intentional or not, the nature and extent of any loss or damage, steps to mitigate effects of the breach, circumstances of the breach and any vulnerability and finally previous conduct.
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Employer ERA Costs
Employers are often shocked that even when they win in the Employment Relations Authority (ERA), recovering actual legal spend from an employee is usually limited. The starting point is the ERA daily tariff and costs are a contribution, not an indemnity.
Unreasonable Employment Lawyer Costs
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.
150A Payment on resolution of problem and Advocates' GST Invoices are lawful
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.
Federated Farmers Employment Contract Disputes
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.
No Win No Fee For Employers
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.
Identification of Employer
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.