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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Employment Mediation
TopicEmployment MBIE Mediation is the primary problem solving mechanism under the Employment Relations Act 2000. Parties to an employment relationship problem often must attempt mediation.
The Employment Relations Authority (ERA) decides employment disputes when they cannot be resolved through negotiation or MBIE mediation. The ERA runs an investigation meeting process and issues binding determinations, including remedies, penalties, and costs.
New Zealand Employment Court case summaries covering challenges to Employment Relations Authority decisions, unjustified dismissal, unjustified disadvantage, remedies, procedure, and other significant employment law issues.
An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.
Redundancy
TopicRedundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
90 Day Trial Period (NZ)
TopicNZ 90 day trial periods explained for employees. When a valid trial can restrict unjustified dismissal and dismissal-related disadvantage claims, and the common mistakes that can make a trial invalid.
Unjustified Disadvantage
TopicUnjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.
