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Employment Mediation for Employers NZ | Settlement Strategy and s 149 Terms

How employers should prepare for MBIE employment mediation: case assessment, documents, settlement range, negotiation strategy, Calderbank offers and precise s 149 settlement terms.

Matched passage: That may include preserving documents, preparing for the Employment Relations Authority, making a later without prejudice offer, narrowing issues, or considering whether a further mediation is worthwhile.
Disciplinary Investigations for Employers NZ | Misconduct and Complaints

Employer guide to disciplinary investigations: framing allegations, preserving evidence, interviewing witnesses, disclosure, representation and keeping the investigation separate from the final disciplinary decision.

Matched passage: Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - specific concerns must be put clearly Atkins shows the problem with vague disciplinary allegations.
90 Day Trial Periods for Employers NZ | Clause, Notice and PG Risk

Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.

Matched passage: New Zealand Meat Workers Union Inc v South Pacific Meats Ltd [2016] NZERA Christchurch 13 - the start date must be clear South Pacific Meats shows the danger of a clause that does not clearly state when the trial period starts or properly cross-reference the commencement date.
Workplace investigations in New Zealand: what "fair and reasonable" looks like

What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.

Matched passage: If an employer gets the process wrong, the Employment Relations Authority (ERA) and Employment Court can find the employer's later decision was not what a fair and reasonable employer could have done at the time.
"No win, no fee" for employers: when it exists and what to do instead

Why no-win-no-fee representation is rarely available to employers defending a personal grievance, and the alternative ways an employer can control legal or advocacy spend.

Matched passage: No win no fee - what employers need to know Employers regularly ask whether "no win no fee" is available to defend a Personal Grievance (PG) or an Employment Relations Authority (ERA) claim.
Who is the employer? identifying the true employer in NZ employment claims

How to identify the true employer where companies, trading names, directors, labour-hire entities or informal arrangements make the contracting party unclear.

Matched passage: The general test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between the parties.

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