Employment law

FOR YOU AS AN EMPLOYER

THIS IS HOW WE CAN HELP YOU

You must understand what your legal obligations are and standards that you, as an employer will be held to under the Employment Relations Act.  At times, things can go wrong within your business affecting the relationship between you, your business, your brand and your employees.  Different workplaces have different operational cultures and are always challenges with people-related problems.  As an employer you must manage these problems quickly and efficiently. Your lawyers can help you resolve a problem quickly and effectively with tailored advice in line with your business values and principles. 

To minimise the risk of employment related challenges, begin first with a clear and sound employment agreement tailor-made for your business. Off-the-shelf employment agreements cannot cater for all your business and employer/employee requirements. Employment Agreements need to be understandable and meaningful and convey both procedural expectations as well as the expectations of your business culture. As your lawyers we can assist with drafting your businesses employment agreement and ensure that it meets today’s legal requirements. 

We can also you and your and team with all your businesses employment related challenges, including advice on performance management processes, representing you in any personal grievance at mediation or before the Employment Relations Authority or Employment Court, mediating a dispute internally before it escalates with the assistance of our people management team or any other employment related problem. 

Personal Grievance

As an employer of staff, it is possible you may be presented with a notice of personal grievance against you. The Employment Relations Act outlines a personal grievance is the action an employee takes to bring a legal claim against their employer if the employee believes they have been managed illegally or unfairly.   Unfair treatment of employees can include, sexual harassment, discrimination, bullying.  Early or unfair dismissal of your employees can also occur, whether you realise it not, resulting in action of personal grievance.  Employers who face a personal grievance from current or past employees must adhere to a strict process in resolving the grievance.  We are here to represent you through this process, from start to finish.

Redundancy

If you are considering making an employee redundant there are specific steps that must be undertaken that include careful consultation with the affected employees.  It is essential to avoid a claim being brought for unjustified dismissal that the steps are under prescriptively. If you are unsure of the procedure or want to confirm that the process you are undertaking is fair then contact us and we will happily assist you.  

Mediation

Mediation is the resolution process where an impartial mediator facilitates the negotiation process between the employer and employee. 

When disputes between two parties are unable to be resolved, you may require an independent mediator to oversee negotiations.   Mediation is the resolution process where an impartial mediator facilitates the negotiation process between the employer and employee.

The independent mediator does not have any decision-making power in the negotiation process, the mediator is a guide for the negotiation process.  The mediator merely assists the two parties to come to their own agreement.

Once an agreement has been reached between the parties, the mediator will assist with the confirming and signing of the mediation agreement, setting out all the outcomes of the issues resolved during the mediation process. To ensure your negotiation runs smoothly and the right outcome is achieved for both parties, we will represent you as the employer. 

FOR YOU AS AN EMPLOYEE

THIS IS HOW WE CAN HELP YOU

Upon gaining employment you will have signed an employment agreement with your employer. For many reasons, the contractual agreement can be breached or broken between employees and employers.  

We act on behalf of employees who are facing challenges with their employers. Often the employer is being unfair or bullying or has outright breached the requirements of the Employment Relations Act 2000. Regardless of the problem, we are here to help for all problems arising from your employment agreement with your employer. Employment problems that we frequently represent our client employees in are problems related to redundancy, unfair dismissal, disputing personal leave under the Holidays Act, ACC, bullying, unfair treatment, on the job performance problems, problems between employees, unsafe work environments, sexual harassment and stress and anxiety arising from the work that you do for your employer.

PERSONAL GRIEVANCE

The Employment Relations Act outlines a personal grievance as the action an employee takes to bring a legal claim against their employer if they believe they have been dealt with illegally or unfairly.  As an employee you can use the personal grievance process if you have been dismissed unfairly or belief you have been treated unjustly by your employer (e.g. sexual harassment, discrimination, bullying).  There is a strict process which must be followed should you decide to take a personal grievance against your employer. We are here to represent you through this process from start to finish.

REDUNDANCY

Redundancy occurs because an employer will find their employee’s position is surplus to the employer’s commercial needs. The Employment Relations Act 2000 requires employers to act within strict conditions and in good faith when undertaking a procedure that renders an employees job surplus to the requirements of the business.

Redundancy will be a stressful process both for employees and employers. If you are considering making an employee redundant there are specific steps that must be undertaken that include careful consultation with the affected employees.  It is essential to avoid a claim being brought for unjustified dismissal that the steps are under prescriptively. If you are unsure of the procedure or want to confirm that the process you are undertaking is fair then contact us and we will happily assist you.

If you are an employee facing redundancy, we can advise you of your rights and provide advice should the Employer be acting without commercial cause. There are a number of different ways to challenge an attempt to make an employee redundant. These usually require early advice and intervention by our legal team.  

MEDIATION

We strive to resolve relationship disputes quickly with the goal of achieving a successful settlement outcome for our clients.

When disputes between two parties are unable to be resolved, you may require an independent mediator to oversee negotiations.   Mediation is the resolution process where an impartial mediator facilitates the negotiation process between the employer and employee.

The independent mediator does not have any decision-making power in the negotiation process, the mediator is a guide for the negotiation process.  The mediator merely assists the two parties to come to their own agreement.

Once an agreement has been reached between the parties, the mediator will assist with the confirming and signing of the mediation agreement, setting out all the outcomes of the issues resolved during the mediation process. To ensure your negotiation runs smoothly and the right outcome is achieved for both parties, we will represent you as the employee.