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Triangular employment and labour hire dismissals in NZ: who is liable?

Who may be liable when a labour-hire worker is removed from a host workplace: the agency employer, the controlling third party, or both under New Zealand's triangular-employment provisions.

Matched passage: The Triangular Employment Amendment Act 2019 allows an employee to take both the temp agency (the employer) and the controlling third party (the host) to the Employment Relations Authority and Employment Court to seek remedies for their losses.
Constructive dismissal: when resignation becomes an unfair dismissal personal grievance

Constructive dismissal claims arise when an employee resigns because of sufficiently serious employer conduct. This guide explains the legal tests, evidence to preserve, and why resigning too quickly can weaken a good case.

Matched passage: If settlement is not achieved because of the employer's refusal to negotiate, we then take the case further to the Employment Relations Authority (the ERA).
Casual employment dismissal: when casuals can still claim unfair dismissal

Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.

Matched passage: The Employment Relations Authority and Employment Court have the power to determine the real nature of an employment relationship.
90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: Not a "new employee" - a trial period generally cannot be used if the employee has previously worked for the employer.
Workplace Bullying
4 articles

Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.

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Medical Incapacity Dismissal
7 articles

An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.

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No Win No Fee
6 articles

No Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.

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Employment Lawyers and Advocates
13 articles

People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.

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