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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.
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 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.
NZ 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.
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
A probationary period does not remove an employee's ordinary dismissal rights. The employer should assess suitability fairly, identify performance concerns, provide a genuine opportunity to improve and follow a fair process before dismissal.
A 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.
Employment MBIE Mediation is the primary problem solving mechanism under the Employment Relations Act 2000. Parties to an employment relationship problem often must attempt mediation.
