Articles related to ‘Employment’
Monday, 5 September, 2011 | Andrew Greig
In 2008, a young woman completed her teaching degree and obtained a job working for a Maori Trust as a career coach. However, from the start, things did not go well in her new job. From her perspective, she felt that not everyone at work appreciated her. Other staff thought that another person should have been appointed to the position, partly because “she did not look Maori enough.” These feelings… Continue reading
Monday, 5 September, 2011 | Andrew Greig
As long as both the employer and employee agree, a new employee can be subject to a 90-day trial period. This allows the employer to fire the employee within the first 90 days of employment without giving them a reason. Furthermore, the employee may not raise a personal grievance for the dismissal.
However, it is crucial that the employer complies strictly to the requirements of the law if it… Continue reading
Monday, 5 September, 2011 | Andrew Greig
The Employment Relations Authority recently held that an employee had been unjustifiably dismissed and it awarded six weeks lost pay plus $5,000 for hurt and humiliation suffered. The findings and associated remedies are not unusual; what was unusual is that the employee had not actually started working for the employer.
The facts of this case are that a trust and a man verbally agreed that the man would commence… Continue reading
Monday, 5 September, 2011 | Andrew Greig
A business recently dismissed an employee for criticising the quality of the business’s products and its management. This was despite the fact that the employee had worked for the business for 39 years.
The employee in question was a salesperson and was visiting a client to discuss various aspects of the business with the client. Unknown to the employee, while talking to the client, he had accidently pressed a… Continue reading
Friday, 2 September, 2011 | Andrew Greig
Dealing with employment disciplinary issues and performance reviews can be stressful for employers and there are steps which must be followed to ensure that you get the process correct. A failure to properly handle the investigation or review may result in a personal grievance claim and that can be expensive as well as the cause of wasted time which would be better spent on productive activities.
In this seminar… Continue reading
Thursday, 28 July, 2011 | Alan Knowsley
If an employee is on leave, and a disaster such as a volcanic eruption disrupts air travel, does this come out of the employee’s annual leave or the employer’s pocket? What happens if the employee has no annual leave left to take?
Many holidaymakers have faced just such a situation in recent times due to volcanic eruptions. Snow closing airports is also another recent example. While it is not… Continue reading
Tuesday, 26 July, 2011 | Alan Knowsley
In a recent Court of Appeal case an employee was suspended from work for seven months for serious misconduct, based on her involvement in an altercation with another employee.
After she was suspended she was contacted by a union representative, who claimed that her suspension from work was unjustified and explained that if she was dismissed from her job she could raise a personal grievance with her employer. The… Continue reading
Wednesday, 13 July, 2011 | Alan Knowsley
There are many employers who require their employees to stay overnight as part of their job, asleep, but on duty if needed. These employees are often paid a flat rate for their overnight stay, rather than their usual hourly wage.
According to a Court of Appeal case in February 2011 however, if you are required to sleep over as part of your work shift, you are entitled to be… Continue reading
Wednesday, 29 June, 2011 | Alan Knowsley
A recent case before the Employment Relations Authority again highlights the need to follow a proper process when dealing with a potential redundancy situation.
In this case the employer failed to consult with the employee and failed to explore other fulltime options within the company rather than redundancy. An offer of part-time casual work was not considered sufficient as it was made after the employer had made up their… Continue reading
Wednesday, 29 June, 2011 | Alan Knowsley
Employers must know what these provisions are or risk personal grievances or prosecutions.
1. Advice of Rights
Employers must advise employees of their entitlements under the Act and that information is available from the union (if they are a member) and the Department of Labour.
To show that this has been done these points should be included in all employment agreements along with a provision concerning the… Continue reading
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