Common employment disputes for farming businesses using Federated Farmers or similar employment agreements, including hours, accommodation, deductions, leave, performance and execution of the agreement.
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Results for redundancy consultation
A practical explanation of the statutory duty of good faith in s 4 of the Employment Relations Act, including active and constructive conduct, responsiveness, communication and disclosure before adverse decisions.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
How Covid-19 wage-subsidy arrangements interacted with wages, hours, leave and restructuring, and why subsidy support did not itself authorise employers to reduce contractual or statutory entitlements.
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.
Personal Grievance (PG)
TopicA Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.
After 15 years as RidgeAir's Chief Pilot, Ross McCullum had his work phone disconnected and laptop removed before a meeting at which he was told the business was closing. The ERA found the employer had dismissed him, rejected the later characterisation of his departure as voluntary, and awarded lost wages, compensation and substantial holiday-pay arrears.
Harry Sampson's proceeding against Lyttelton Port Company raised a preliminary 90-day time-limit issue before the merits of his personal grievance could be investigated. The employer argued the grievance was out of time; Mr Sampson relied on the communications by which he said it had been raised.
