Don’t Be Pushed Out Of Your Job Due To Your Age

It is no secret in a society that is obsessed with physical appearance, employees fight a battle to stay relevant as they reach middle age. In the workplace, that can result in being passed over for promotions, marginalised, and pushed out to make room for younger employees. Age related assumptions create the perception that older workers are less relevant, while the opposite is often true.

While age discrimination is illegal, in practice it’s difficult to prove. Your employer cannot force you to stop working because of your age. If they do, you could file a personal grievance against them.

In New Zealand, nearly one in three workers is already over 55.

You are protected from age discrimination by the law, and it’s important for you to understand it.

NZ Super and some other pensions start at age 65 but there is no official retirement age in New Zealand. There are a few jobs with exceptions where you may not be able to keep working after a specific age. They include:

  • jobs where being a particular age or in a particular age group is genuinely needed for you to do the job —
    for example, an actor who needs to be a certain age for a role
  • domestic employment in a private household, such as a cleaner or a gardener
  • occupations where the retirement age is written into law — for example, judges and coroners
  • some crew of ships and aircraft employed by foreign-owned companies that are operating in New Zealand
  • your employment contract was signed before April 1992 and that contract specified your retirement age, and you agreed with your employer in writing to confirm or change your retirement age.

If you are being managed out of your position, made redundant or subjected to talks of restructuring, or feel you are being bullied into resigning the burden of proof would be with you. Knowing your rights helps you to stand in power. If you are let go and you suspect your age is a factor, we can help you negotiate a better settlement.

While it may be perfectly okay for colleagues to ask you if you have retirement plans it could also raise a red flag. If you are on the receiving end of snide remarks or ‘digs’ mentioning your age, or suggestions that you should retire start taking notes, who said what and who was there.

So If you find yourself subject to talks of restructure or suddenly under the microscope and you start to worry that this could be a sign that you manager or employer may be looking for ways to terminate your employment it would be a good idea to contact us for some free advise or assistance.

Call us on 0800 669 466 or complete our webform: 

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How do I raise a Personal Grievance?

HOW DO I RAISE A PERSONAL GRIEVANCE?

Generally you have 90 days in which to bring an issue to the attention of your employer or former employer. 

There are formal steps to follow to raise a Personal Grievance

Prior to formally raise a Personal Grievance you must first bring the issue to the attention of your employer within 90 days*.  If an employer is not aware of an issue it’s difficult to hold them accountable.   It is best to raise the issue in writing, via email or a letter and you should give your Employer a reasonable amount of time to respond (you can ask for a response within 3 days for example).  If you’re not satisfied with their response, you can request your employer attends a mediation with you.  If that fails, you can take your grievance to the Employment Relations Authority.

Raising a Personal Grievance is a formal process.  It is best to raise your Personal Grievance in writing.  The issue will need to be stated clearly, along with details of your attempts to resolve the issue.  Dates and records of responses are important.    We can raise a personal grievance on your behalf. Email us or call us on 0800669466 

If you think you have grounds for raising a personal grievance but you are not sure, and If you would like us to review your issue for free and see how we can help you please complete the contact form below be put in touch with an expert employment advocate in your area.

*Note: The exception to the 90 days to bring a grievance is unpaid wages and other financial benefits under your contract.

 

What our clients are saying

Excellent Work

5.0 rating
August 16, 2019
Review of Sandy Jamison

Many thanks for your excellent work for my difficult situation.

Hugh J

Thank You

5.0 rating
August 15, 2019
Review of Kam Bailey

I have a new full time role and it’s great!!! Best thing I ever did was leaving my previous employer, they had awful staff morale and it was not a pleasant place to work.

Helen M

Extremely professional, caring and understanding

5.0 rating
August 14, 2019
Review of Sandy Jamison

Sandy Jamison is extremely professional, caring and understanding employment advocate who helped me successfully remove myself from a toxic employment relationship. After undergoing bullying and poor treatment, my now ex-employer actively allowed the poor treatment to continue and I was out of my wits. I felt unsafe, vulnerable and my self confidence hitting a low point. I contacted No Win No Fee to seek advice. Sandy who answered my call was proactive and gave me clear advice on steps I need to take and empowered me along the way. Sandy was very clear and firm with her negotiation skills and helped me achieve appropriate compensation. I highly recommend Sandy and the company. Sandy not only ensured that my financial well being wasn’t compromised but also went an extra mile by looking after my emotional well-being along the way.

Happy Client

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What to expect at mediation

An Employment Advocate can be very helpful at mediation as they can do the talking for you as your representative.

If you are wondering what a meditaion is like you can ask us for free and we’ll talk it through, there is no obligation to take us with you, we are happy to have a chat about what your individual situation is and see if we can help you.

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If you would like to talk to us about supporting you at mediation please complete our contact form.

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From Our Clients

Thousands of employees and employers have trusted us us to help with their employment issues, here are reviews from a handful of them.

Excellent Work

5.0 rating
August 16, 2019
Review of Sandy Jamison

Many thanks for your excellent work for my difficult situation.

Hugh J

Thank You

5.0 rating
August 15, 2019
Review of Kam Bailey

I have a new full time role and it’s great!!! Best thing I ever did was leaving my previous employer, they had awful staff morale and it was not a pleasant place to work.

Helen M

Extremely professional, caring and understanding

5.0 rating
August 14, 2019
Review of Sandy Jamison

Sandy Jamison is extremely professional, caring and understanding employment advocate who helped me successfully remove myself from a toxic employment relationship. After undergoing bullying and poor treatment, my now ex-employer actively allowed the poor treatment to continue and I was out of my wits. I felt unsafe, vulnerable and my self confidence hitting a low point. I contacted No Win No Fee to seek advice. Sandy who answered my call was proactive and gave me clear advice on steps I need to take and empowered me along the way. Sandy was very clear and firm with her negotiation skills and helped me achieve appropriate compensation. I highly recommend Sandy and the company. Sandy not only ensured that my financial well being wasn’t compromised but also went an extra mile by looking after my emotional well-being along the way.

Happy Client

 

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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