A clearly written employment agreement can help reduce the risk of misunderstandings. Every employee must have a written employment agreement, which must be signed by both the employee and the employer. This can be either an individual agreement or a collective agreement. As an employer – you are breaking the law if you do not have Employment Agreement documentation for your staff.
Employees are entitled to a copy of the employment agreement they have signed prior to commencement of employment. This is one of the employee rights.
You can save your company from misunderstandings and costly litigation by having a simple, well-worded document that clearly outlines its intentions to both parties.
Priced from $450.00 (+GST) – we can provide documentation for Employment Agreements that will meet all of your legal obligations and also the specific needs of your business.
We can also provide representation to help you apply the conditions outlined in the document – and to defend any legal claims made by your staff.
Subject to specific conditions – if EES is providing representation for your company in enforcing, or defending any claim relating to, an Employment Agreement we have provided for you – and the opposing party wins the case “due to the wording of the Employment Agreement documentation” (c.f. the application of the Agreement) then there will be no charge for any representation costs provided by EES.
If an employer puts pressure (directly or indirectly) on an employee to resign, or makes the situation at work intolerable for the employee, it may be a forced resignation or “constructive dismissal”.
A constructive dismissal – forced resignation is where:
the employer has behaved in a way deliberately aimed at causing the employee to resign
the employee is told to choose between resigning or being dismissed
there has been a breach of duty by the employer (i.e. a breach of the employment agreement or of fair and reasonable treatment) such that the employee feels he or she cannot remain in the job.
However, not all conduct that upsets an employee will be enough to lead to a constructive dismissal. The conduct must be sufficiently serious to justify the employee leaving his or her job. Also, there must be a substantial risk that the employee would leave his or her job as a result of the employer’s conduct, and this risk must have been reasonably foreseeable to the employer.
If an employee feels that they are being pressured to resign then best practice is to raise this with their employer so that there is an opportunity to discuss the issue and try to resolve it. If the matter cannot be resolved and the employee feels that they had no choice but to resign, then the employee can challenge the forced resignation by raising a personal grievance.
Always call us first, once you resign it is harder for us to get you a settlement.
If your boss asks you to resign, ask him/her to put it in writing eg a text or email.
Have you already resigned?
If you can answer yes to the questions below, then you may have good grounds to to claim you have been constructively dismissed.
Did you really have no choice?
Did you try everything you could to resolve the situation before resigning?
Do you have good evidence of what you claim as the cause of your resignation?
Some other examples
If you are given the option to resign or be demoted
We are a No Win No Fee organisation. This means that we will only charge a fee if we are successful in obtaining a financial settlement for you in addition to other terms of settlement, e.g. written apology and reference, changed from being fired to having resigned. Contact us through our contact form. or call our helpline : 0800 NO WIN NO FEE
Being in an unsafe working environment can make your job increasingly difficult. Employers must provide a safe workplace, with proper training, supervision and equipment. This duty includes identifying, assessing and managing hazards in the workplace, and investigating health and safety incidents in the workplace.
Employees must take reasonable care to keep themselves safe, and to avoid causing harm to other people by the way they do their work.
Employees may refuse work likely to cause them serious harm and employees have the right to participate in improving health and safety.
If you feel that you are working in an unsafe environment and your employer is unwilling to discuss or resolve the issue – contact us, our company can assist you in dealing with your concerns.
Please provide a timeline of events, and any evidence of you making your employer aware of the situation.