The Employment Relations Act 2000 provides employees that feel they have been treated unjustly by their employer with considerable opportunity to pursue their own remedies. Employers need to be rigorous in ensuring they comply with legislative requirements and meet all statutory obligations.
Claims against employers, in the first instance, go to a mediation process. In the majority of such situations, an agreement is reached at that stage. If agreement is not reached, then the most common route is to the go to a defended hearing in front of the Employment Relations Authority, with a right of appeal to the Employment Court. Somewhat different procedures are available for more complex disputes.
An important part of employment law is to try to avoid the disputes in the first place. This process ought to start with fair and unambiguous employment contracts. Many disputes start with the employer and employee not really knowing the basis of their relationship at the beginning. The process of avoiding disputes then moves on to the proper management of that relationship if difficulties arise. We can help with all of this.
We provide assistance in areas such as:
- Employment agreements
- Employment disputes
- Business restructuring employment issues
- Personal grievances including unjustified dismissal and constructive dismissal
- Holiday and sick leave entitlements
- Parental leave
- Redundancy issues
- Restraints of trade
- Sexual harassment
- Discrimination
- Occupational safety & health
Gerard De Courcy, Jim Guest, and Paul Buckner all advise on employment matters and can represent clients before the Employment Relations Authority and the Employment Court.
Gerard De Courcy leads our employment team. More about Gerard.
Email gerard@downiestewart.co.nz
