Your Resources
Can you fire your nanny?
Having someone look after your kids is a must for many working parents. As a parent you want to know they are safe with that person.
In a recent Employment Relations Authority decision a parent found out the hard way that although they could sack their children’s nanny for swearing, and speeding while driving, they still have to follow the required process.
You have to tell the employee of the allegations, and that their job is at risk, and give them the opportunity to respond. Only then can you find the allegations proven and decide to dismiss.
In this case the mother fired the nanny without going through this process and was ordered to pay $1,800 in lost wages and $4,000 compensation. That’s a lot of “child minding” money!
The other sting in this story is that the mother thought the employment was on a casual basis, but as it had become a regular event with regular hours it was held to be a permanent employment relationship.
If you need help sorting out your domestic employment arrangements or issues give me a call on (04) 473 6850.
Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area. We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.