Employment Law
Employers:
Effective management of employment and industrial issues is critical to the success of your business.
In today’s highly competitive business environment, employer’s need to be aware of the complex legislation and regulations governing their relationship with their employee. Our employment law team is experienced in providing practical and effective advice to employers in the following areas:
- Entering into employment relationships/ agreements;
- Ongoing monitoring of the relationship, reviews and disciplinary processes as well as adapting to legislative changes;
- Dealing with disciplinary matters and personal grievances raised by employees;
- Advising and circumstances relating to redundancy.
We have developed particular expertise advising overseas based employers on the New Zealand employment law environment and the steps necessary to ensure compliance with employer’s obligations to the unique requirements of the New Zealand employment law and industrial relations environment.
It is our experience that many employers pay a high price when failing to appreciate their obligations or obtain competent advice resulting in them failing to adopt the correct procedures when dealing with disciplinary matters or termination of employment relationships.
Employees:
We have a wealth of experience on advising employees of their legal rights and options throughout all stages of the employment relationship, including commencement (employment relations agreements), disputes arising during the employment relationship and the prospect of personal grievances arising from disciplinary action, harassment and unjustified dismissal and/or redundancy.
Employment Relationship Agreements
It is a requirement of the Employment Relations Act that all employment agreements must be in writing, whether they are permanent, permanent part time, casual or fixed term relationships. It is vital for the right type of agreement to be implemented in each case. Mistakes can be costly.
We are very pleased to offer assistance to employers and employees in drafting and negotiating the terms of employment relationship agreements. We are always happy to address enquiries concerning the rules surrounding annual leave, holidays, sick leave and bereavement leave, and flexible working hours. These matters should all be addressed in the employment relations agreement governing the relationship between employer and employee.
Personal Grievances
We have considerable experience in advising both employers and employees on the personal grievance process.
Employers:
Have you received a letter from an employee raising a personal grievance? One of our team would be more than happy to offer the following assistance to you:
- Responding to the raising of the personal grievance and attempting negotiation;
- Representation at any settlement negotiation or mediation conference;
- Appearance on your behalf should the proceedings progress to the Employment Relations Authority or Employment Court .
Employees:
If you believe that you have been unjustifiably dismissed, disadvantaged, discriminated against or harassed, we can offer the following service to you:
- Consideration as to whether or not you have a personal grievance;
- Assisting in raising a personal grievance;
- Negotiations and discussions with your employer;
- Attendance at any settlement negotiations or mediation conference;
- Representation for you at the Employment Relations Authority or Employment Court..
Disciplinary Matters
In the case of disciplinary proceedings it is essential for employers to ensure that they act reasonably and adhere to the correct procedural requirements throughout. We are able to offer employers advice and support throughout all stages of the disciplinary process and frequently attend disciplinary meetings with parties to assist in ensuring all legal requirements are met.
Redundancy
Employers:
Do not be caught out when contemplating making your employee’s position redundant. We strongly urge you to seek competent legal advice before taking that first step. It is essential to ensure that the correct processes are followed. We are able to provide comprehensive advice as to the procedures necessary as well as assistance and providing the required notification and throughout the consultation process.
Employees:
In New Zealand there is no statutory requirement for an employer to pay redundancy compensation (as opposed to payment for notice) unless that is provided for in your secure employment relations agreement. It is essential for you to be advised of your rights during what is often a difficult and emotional time. We have extensive experience in providing support to employees in circumstances where redundancy has been proposed.
Health and Safety in Employment Act
It is imperative employers have comprehensive systems to ensure work place safety and identify, isolate, minimise and eliminate hazards. We can review your health and safety procedures to ensure they meet requirements. We assist companies involved in Department of Labour ("DOL") investigations when an accident occurs and we defend DOL prosecutions.
