Do you have written employment agreements for all your staff. Written employment agreements are required for every employee. There are certain requirements of the agreement including the obvious ones such as names of the parties, hours and place of work, wage/salary, job description but there are also other mandatory clauses such as the processes for dealing with disputes and grievances, restructuring protection clauses, public holiday pay, 90 day trials etc… Continue reading
An employee resigned from his employment after undergoing several disciplinary investigations in which he received multiple written warnings.
The Employment Relations Authority rejected the employee’s personal grievance claim for unjustified constructive dismissal. The ERA held that the employee had to prove that the employer had followed a course of action with the deliberate intention of attaining his resignation or that the employer had breached a duty owed to the… Continue reading
A government agency has been investigated by the Privacy Commissioner after an employee complained to the agency about the work practices of her employer.
The employee notified the agency that she wished for her name to remain confidential while they were investigating her complaint. The employee was horrified to learn that during the inspection of her workplace, her identity had been accidentally disclosed to her employer. As a result… Continue reading
An employee who worked as a finance director was made redundant following a restructure. The employee’s individual employment agreement contained a redundancy compensation clause entitling him to receive $116,400. The employer discovered that a mistake had been made in the contract and that if calculated correctly the employee was only entitled to receive $13,430. The employer paid the employee $42,778 in redundancy compensation but refused to pay the balance… Continue reading
After a short period of employment an employee was made to feel so uncomfortable by the employer’s wife that she has resigned. The employee felt uncomfortable with the amount of cash being casually left around the office. She was also uncomfortable with the way the employer’s wife would take money from the till without keeping a record.
In fear of being held accountable for the possible discrepancies the employee… Continue reading
An employee who worked as a manager had his employment terminated after the alleged restructuring of the employer’s company.
The Employment Relations Authority has upheld the employee’s personal grievance claim for unjustified dismissal as there was no substantive reason for the termination of his employment.
The ERA held that the employer failed to act as a fair and reasonable employer would in the circumstances by following a flawed… Continue reading
The employee resigned from community based welfare service after she believed one of the clients was being permitted by personnel at the support service to engage in prostitution.
Following her resignation, the employee took copies of the client’s medical records and disclosed the information to several different parties. The support service sought return of the copies and this was granted by the Employment Relations Authority (ERA).
The employee… Continue reading
The manager of a day care centre accused one of her employees of turning up to work “stoned” several times. After her concerns were raised with the employee, who had been sent home after appearing to be under the influence of drugs, the manager decided to hold an emergency meeting at which, she said the employee appeared to be “totally stoned out of her brains”.
The former employee has… Continue reading
An employee was seriously injured at work by another employee’s carelessness. The employer conducted an investigation into the incident and concluded that it did not need to be reported to WorkSafe New Zealand. The employee effectively resigned after he failed to return to the workplace.
The Employment Relations Authority upheld the employee’s personal grievance claim that he was unjustifiably disadvantaged in his employment but only for his injury, not… Continue reading
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