Under Section 114 of the Employment Relations Act 2000, an employee has a statutory right to raise a personal grievance against their employer if they believe that they have been subjected to unjustified action with the Act stating that this must be notified to the employer “within the period of 90 days beginning with the […]
When is it “out of time” to raise a Personal Grievance? Read More »
Russell Drake wins another case in the ERA… Recently we had another win in the Employment Relations Authority (ERA) on behalf of a client – see this determination here. The primary claim by the employee focused on whether the 90 Day Trial that he was employed under was legal or not, and therefore whether his
Pre-employment Assessments Read More »
Have you ever faced the dilemma as to whether an employee is raising a complaint or raising a personal grievance? There may be a fine line between the two, however the implications of determining what the employees’ intentions are can result in significantly different outcomes. The Employment Relations Act 2000, specifically s114, outlines that an
Is a complaint the same as raising a personal grievance? Read More »
Many Employers have a Restraint of Trade provision within their Employment Agreements, with the view that this clause has some power to restriction an Employee if they were to leave the company. However, the key issue that we regularly come across is that for the majority, these provisions are written as a standard ‘blanket’ clause,
IS THERE ANY VALUE IN RESTRAINT OF TRADE CLAUSES? Read More »
What is private and confidential when it comes to employee information on work devices? With the increased reliance of businesses on technology to support their operations, an interesting question is raised of: what rights does an employer have to view private information stored on company systems by employees? Increasingly employers are seeking advice regarding their
A Question of Privacy Read More »
We often get contacted by clients who are seeking advice on whether they should accept the resignation of an Employee that has been made in the ‘heat of the moment’, with this raising the question as to whether such resignations can be interpreted as being genuine. For many years our advice has always been on
Heat of the Moment Registration Read More »
A recent case of the Employment Relations Authority reinforces the obligation on Employers to maintain accurate records on all Employees. An Employee of Star Nelson had raised a concern with the Labour Inspectorate (a division of the Ministry of Business Innovation and Employment – MBIE) about their employment agreement and holiday pay. The Labour Inspector,
A Labour Inspector v Star Nelson Holdings Limited [2022] – Managing Employee Records Read More »
Increasingly we are seeing a greater focus from the Employment Relations Authority on the need for employers to ensure that a thorough investigation is undertaken into a complaint or concerns held by the employee prior to the matter being elevated to a formal disciplinary process. This is primarily the case where the potential disciplinary process
PG Costs are rising, reduce the risk by doing it right. Read More »
Mr Graham was employed by Drivetrain Limited (Drivetrain) as the branch manager for New Zealand. Mr Graham was suspended and subsequently dismissed on 14 Jun 2018. He claimed that his suspension and dismissal were unjustified. A real estate agency contracted Drivetrain regarding a property the agency believed Drivetrain was renting to accommodate a manager relocating
Employee leased property on behalf of employer without authorisation Read More »
