Employment Agreements – IEA

Good employment relationships occur when everyone has clear expectations about the role, working conditions and employment rights.

Every employee must have a written employment agreement.

This can be either an individual agreement or a collective agreement which sets out the terms and conditions of employment.

There are some provisions that must be included in employment agreements by law, and there are also a number of minimum conditions that must be met regardless of whether they are included in agreements.

We are surprised at the amount of callers who have no employment agreements in place.

Under s63A of the Employment Relations Act 2000 an employer must provide an employee with a written employment agreement, and penalties may be awarded under s64 if no written employment agreement is provided.

Employees should be given a reasonable amount of time to look over their agreements and return them. An employer must ensure that the agreement is signed and returned to them before you start work.  This is particularly important if the Agreement is relying on a 90 Day Trial Period being in place. 

For example, a standard agreement clause allows the employer to deduct wages in lieu of notice. This is not enforceable without your signature on the agreement. The reason for this is because there is a separate piece of legislation that protects employees’ wages under the Wages Protection Act 1983. Under the Act you may not make deductions from employees’ wages without their consent. The employment agreement provides the consent that is legally needed to carry out any deductions in employees’ wages.

Our company is able to check your employment agreement to ensure that it meets the required standard – and also to resolve situations where your employment contract has been breached.  Contact us if you have no employment contract and need our help to deal with your employer.

Call us on 0800 669 466 and let us connect you with the right people and proccesses to help you or email us using the form provided below.

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Workplace Discrimination and Prohibited Grounds

Employers are prohibited from workplace discrimination.

Experiencing workplace discrimination? We can help you on the following grounds;

These grounds are the same as the grounds in the Human Rights Act. In some circumstances, different treatment of employees on these grounds is acceptable.

If you believe your employer is discriminating against you on one or more of the prohibited grounds listed above – it is important to seek assistance at an early stage. Our company can provide representation to ensure that your rights are upheld. Contact us now to find out how we can assist you.

We want to help YOU with any workplace discrimination.

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What do I do if I have been fired?

Click here for our online form, this will help us send your case to the right advocate for you and your case. Please take your time and supply all contact details, this will enable us to help you.

Download our What Do I Do Now Checklist (see below)

“What do I do if I’ve been fired?”

  1. contact-usContact Us
     
  2. If you have just been fired or dismissed and you have no secured future income there are a few steps that you should take immediately to reduce your stress both financially and emotionally. If you have no money in the bank, ring the bank and stop all automatic payments, if there is no money in the bank you could incur fees of up to $25 per payment going out, this is just more money that you don’t have.

     

  3. Contact the people that these payments go to and explain your situation.

     

  4. Contact your land lord and explain your situation.

     

  5. Book an appointment with your doctor if you are extremely distressed or have any symptoms such as; Difficulty sleeping, anxiety, depression, panic attacks etc…Please get a letter from your doctor explaining what you have visited him for, this will be added to your case file and will become part of your stress and distress claim.

     

  6. Contact and visit income support, the sooner that you register for unemployment benefit, the sooner you will be eligible for payment. If we achieve compensation we will usually settle under a tax free and tax exempt section of the act, this will not, in this case have any effect on your benefit.

     

  7. Cancel any unnecessary luxuries that will get you further into debt.

     

  8. Keep any and all evidence of attempts to look for work, loss of earnings can only be claimed (Unless you are unwell) if you have been actively looking for work.

     

  9. Contact friends or family for support to help get you through.

     

  10. Exercise even if you don’t feel like it, it will make you feel better and help you think clearly.
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COMPANY DETAILS

We won't contact your employer until we have your permission.

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Employers : Get our help to defend Personal Grievances

We have extensive experience in managing personal grievances and minimising costs and other risks to employers who find themselves in these difficult situations.

If an employee has lodged a personal grievance – or maybe if you think they are going to – talk to us about what you need to do to avoid a personal grievance or manage it effectively so that you can get on with running your business.

If you contact us early in the process – we may be able to help you avoid having to deal with formal litigation, however (if it becomes necessary) we will support you through the Employment Relations Authority or the Employment Court.

The potential cost of an ERA case is why it is so important to get your process right the first time. Once it gets there even if you win it costs you. Work Law Ltd can assist you at any level in the process. Our preferred approach to a personal grievance is to reach a resolution as soon as possible to save you time and money.  

We can assist and advise with procedures so that personal grievances don’t occur or become excessively expensive.

Call us on 0800  669 466 and let us connect you with the right people and proccesses to help or email us using the form provided below.

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Unjustified Dismissal

UNFAIR DISMISSAL

If Your Dismissal Seemed Unfair There’s A Good Chance It Was.
You Need Legal Advice From An Employment Law Specialist Now.

Have you been unfairly dismissed?

We provide legal advice for personal grievances and wrongful or unjustified dismissal in NZ.

What is fair depends on the circumstances.  Any relevant provisions in the employment agreement must be followed.

If an employment agreement does not have a notice period, then reasonable notice must be given.

Employees have the right to be told what the problem is and that dismissal or other disciplinary action is a possibility. Employees must then be given a genuine opportunity to tell their side of the story before the employer decides what to do.

Employees have the right to be supported at a disciplinary meeting by an advocate or support person and there must be sufficient time to organise such representation and prepare for the meeting.

The employer should investigate any allegations of misconduct thoroughly and without prejudice. Unless there has been misconduct so serious that it warrants summary dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve.

If an employee is dismissed, he or she has the right to ask the employer for a written statement of the reasons for dismissal. This request can be made up to 60 days after they find out about the dismissal. The employer must provide the written statement within 14 days of such a request. If the employer fails to provide this written statement, the employee may consequently be able to raise a grievance after the required 90 day limitation period.

If you think you have a case for unjustifiable dismissal contact us using our contact form, giving us as much information as possible and one of our Advocates will be in touch.

 

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