Preparing an opening statement for MBIE Mediation is important as it helps tell the other party and the mediator your story and what you are seeking for resolution. It will also become a good starting point for an Employment Relations Authority witness statement if your matter does not settle at or after mediation.
Employment Law
We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. This blog discusses common and relevant issues in New Zealand employment law.
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In the employment law jurisdiction the ERA and the Employment Court have the power to direct parties to use mediation. Here is how employment mediation process works and an insight into common behaviours used during employment mediation.
Going to a MBIE Employment Mediation can be stressful and daunting for an employee. The mediator will work to encourage settlement before the case goes to the ERA. We put it in perspective here.
Where an employee has a personal grievance for unfair dismissal, unjustified disadvantage or any other claim, the parties are required to attend an employment mediation. Whether an employment dispute is resolved before or at mediation both the employer and employee must be able to sign the record of settlement agreement. We describe methods of how signing can be achieved remotely.
A Full Court will hear a preliminary issue in Top Produce and Bhatia on whether section 12A of the Wages Protection Act can apply to employment premiums paid outside New Zealand.
Mr Anderson's Bad Language
ArticleBlunt and "abusive" language attributed to Lawrence Anderson in employment litigation: what was said, why it was said, what the Courts found, and how outrage over the language can become a convenient distraction from the law, evidence and procedure that actually mattered.
The late challenge failed, but the real issues remain unresolved: disputed liquidation and accounting material, documents routed through the opposing barrister's office, attempted imprisonment sanctions by the wrong procedure, limited liability, disclosure, and practical recovery. Far more energy has been spent criticising my language than examining what actually went wrong.
Public commentary about Lawrence Anderson, Joyce v Ultimate Siteworks, and Menzies v Corrigan has left out important context. This article sets out what is accepted, what is disputed, and why the Joyce, Menzies, NZBA, liquidator disclosure, and accounting issues matter.
