PBEL Blog

Zero Tolerance to Violence at Work

Phil Butler — Mon, 08 Feb 2010 14:35:08 +1300

Many employers have a zero tolerance policy towards violence in the workplace and while the Employment Court recognises it is admirable in principle, they have warned that “the devil is as always, in the detail of what is meant by a policy that has been sloganised”. A zero tolerance policy can be dangerous in the wrong hands.

New Law on Unfair Dismissal

Phil Butler — Mon, 15 Jun 2009 18:37:58 +1200

In a decision dated 3 June 2009, all four Judges of the Employment Court, pronounced that the Employment Relations Authority and the Court could review the decision of an employer to dismiss instantly an employee found to have committed an act of serious misconduct. Individual Judges had been saying the same things certainly since 2005.

No Win No Fee - Is it really that simple?

Phil Butler — Tue, 21 Apr 2009 17:45:09 +1200

Some firms are advertising that they will only charge you if they are successful. The big question is what will they charge you if you win. Some of these firms have a base fee.

The Other Side of the Disloyalty Coin

Phil Butler — Tue, 24 Mar 2009 18:17:10 +1300

The following blog is Part 2 of an article published by PBEL in the Christchurch Star in the 1990’s. Part 1 is presented in our blog "In the Name of the Global Financial Crisis - Redundancy and Loyalty". This blog illustrates the risk employers face from employees who have no sense of loyalty.

High Stakes in the Employment Relationship

Phil Butler — Mon, 02 Feb 2009 12:17:26 +1300

From 1 March 2009 “ an employer and employee can enter into an agreement that, for the specified and agreed number of days, the employer can dismiss the employee without the employee being able to take a personal grievance for reasons of unfair dismissal.” Kat

In the Name of Global Financial Crisis – Redundancy and Loyalty

Phil Butler — Mon, 02 Feb 2009 11:20:32 +1300

The following blog is Part 1 of an article published by PBEL in the Christchurch Star in the 1990’s. Is history repeating itself? Already we are seeing some employers making staff redundant in questionable circumstances and adopting selection processes that say loyalty counts for nothing.

Ninety Day Grievance Free Period: Is it going to be that simple?

Phil Butler — Mon, 22 Dec 2008 18:39:51 +1300

The government has delivered on its election promise to give employers the right to terminate an employee undergoing a trial period with notice but without the risk of personal grievance action: But is it going to be that simple? The short answer is a definite No.

Under-the-Table Payments may Prove Costly In the Long Run

Phil Butler — Sat, 20 Sep 2008 05:16:45 +1200

“We will pay you under the table” or “Can you pay me cash and not put me on the books”. If you hear statements like these, you should realise the risks are horrendous for both employer and employee. There are countless employers paying wages “under the table” in the hope of beating the taxman.

A dentist who applies an amalgam of law is likely to fall into a legal cavity.

Phil Butler — Tue, 05 Aug 2008 16:04:24 +1200

A dentist who terminated his dental assistant’s employment when she sought to return from twelve months parental leave was more than $20,000.00 out of pocket after the Employment Relations Authority came down with its decision: And that did not include his own legal costs.

The Restraint of Trade and the Barista

Phil Butler — Tue, 05 Aug 2008 15:59:38 +1200

Many employers want a clause in their agreements that will prevent an employee resigning and working for a competitor or worse setting up their own business and poaching clients. They want a restraint of trade.