If things are out of hand at work and you don’t know where to turn just read through some of our reviews below from clients who we have helped. Then contact us on the form below or call us and we will help you too!
I was in a very difficult & sensitive work situation. After contacting a couple of other services with no reply it was Kam from Work law who took on my case & managed everything for me. I was kept well informed a long the way & Kam quickly reached a positive result for me & my employer, amazing!. I really appreciate the work Kam & the Work law team have done. Highly recommended ;0)
I was lucky enough to have help from Andrea, she was so polite, helpful and made sure that I understood certain aspects to what was going on with the work she helped me with. I couldn’t have asked for a more easier and awesome process, couldn’t be happier with how it all worked out! Thank you heaps! Daniel
I was having a terrible time at my workplace. Sandy was one of the angels that helped me survive the whole ordeal, she had all the knowledge and experience needed to help, got straight onto my employers and had things settled so quickly. I am very thankful.
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He did what people in power have done for centuries. He used and exploited those who worked for him and those who wanted to work for him, to serve his own need.
He harassed, he bullied, he coerced and then he threatened anyone who dared to challenge his behaviour.
The result for Harvey Weinstein has been life changing. There is not a person in the developed world who doesn’t know what it is alleged that he has done. The reputational damage caused by this scandal, will be long-lasting and potentially indefinite. Needless to say, life for that Harvey, will never be the same.
If only the repercussions in the New Zealand employment world for bullying in the workplace were so public, so easy to verify (the strength in the Weinstein case was the number of women who came forward with the same claims) and the justice so swift.
Unfortunately it’s not, and the burden of proof in organisational bullying and/or harassment cases often rests with the employee who (we recognise) is starting from a position of trauma (with the good faith in their organisational relationship in tatters), and who must then try to construct a join-the-dots of what happened, of who said what and when.
Thankfully, the shining light in the workplace bullying landscape is WorkSafe who have ensured that employees and employers are finally getting better “bullying in the workplace” resources.
WorkSafe NZ have developed a “bullying in the workplace toolbox” and includes a checklist of behaviour and action examples which can help individuals identify whether the experiences they are having in their workplace, might be considered bullying.
WorkSafe have also helped to define what bullying is (repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm).
They have also defined repeated behaviour (persistent (occurs more than once) and can involve a range of actions over time) and unreasonable behaviour (actions that a reasonable person in the same circumstances would see as unreasonable. It includes victimising, humiliating, intimidating or threatening a person).
For a bullying claim to have any chance of success, an employee must show that the behaviour they experienced meets this criteria. The more specific the examples and details, the greater the likelihood of success.
A question we may pose in this situation is “what is the worst thing your organisation has done to you?” as the starting point in our conversation with you about your experiences at work. This is not to say that there is always a “worst thing” and we recognise that your experience might be a lot of little things repeated over time.
What we do understand and what we focus on, is how these actions make you feel.
Employee claims of organisational bullying are not easy. They are difficult for both employees and employers.
The initial conversations can often be difficult and emotional and this is where our advocates can lend their support and expertise.
The process may not be straightforward and can vary depending upon individual circumstances, but our advocates can talk you through the steps of the process and the types of outcomes you may expect.
Our advocates are more than happy to talk through your situation and identify what we can do to help and support you.
One final thought about the Weinstein scandal and the saddest part for me, is the number of people who knew what was going on and stood idly by. Bullying within organisations can be the same, and the chances are, that if you are being bullied at work, that you are not the only one.
On the flipside, you may not be the recipient of bullying behaviour, but if you know someone that is, will you also stand idly by?
Emma Moss is a WorkLaw Advocate who has spent the last decade working in senior human resource roles. She is currently undertaking a law degree through the Auckland University of Technology (AUT).
If you think you’re being bullied or are concerned about a situation you have in your workplace, it costs nothing to have an initial conversation with our advocates, please get in touch on 0800 no win no fee (0800669466) or complete the contact form below and we’ll talk soon.
Both employers and employees have rights under the trial period law
Can you still have a case for unjustified dismissal if you are terminated under the 90-day trial period?
Changes to trial periods
After 6 May 2019, only businesses with less than 20 employees will be able to use the 90-day trial period.
If your employer gave you an agreement but didn’t tell you there was a 90-day trial provision, (depending on the circumstances) – you may be able to raise a claim for unjustified dismissal.
If you started work before you signed an agreement (which contained a 90-day trial provision) – you may be able to raise a claim for unjustified dismissal.
If your employment agreement fails to appropriately specify when your 90-day trial period started – you may be able to raise a claim for unjustified dismissal.
There are also some general good faith obligations: Your employer still has an obligation to ensure that you have the tools and equipment to do your job, that they provide any training or coaching that is appropriate to ensure you’re successful in your role, that if there are issues or concerns with any element of your employment, that they’ve raised them with you and given you the opportunity to rectify any concerns.
* There is a catch though – if you believe you have a claim – you need to ensure you raise it no later than 90 days after the termination of your employment.
So if you’ve been terminated under the 90-day trial provision in your agreement and your employer hasn’t followed the correct process, give one of the team at WorkLaw a call on 0800 669 466 , or email us via our contact form and we’ll see what we can do to help.