Employment Law
Employment Law

Archive for the ‘Blog’ Category

No Win No Fee – Is it really that simple?

Some firms are advertising that they will only charge you if they are successful. is it really that simple? The big questions for you are what will they charge you if you win and what will you have to pay if you lose? Some of …

90 day trial period is a legal minefield

If employers have not complied strictly with the law, they will be exposed to claims of unfair dismissal and in all but a few cases will lose. This warning was given on 26 August 2010 by the Chief Judge in Smith v Stokes Valley Pharmacy …

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Beware of offers for unpaid work trials

Unpaid pre-employment work trials are common in many industries but they do not necessary free employers from the obligations of our employment law. Randi Westphal, local business woman and Director of The Salad Bowl, one of Nelson’s newest and healthiest café, found this out at …

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Resigning without Notice – Forfeiture of Wages or Withholding Final Pay

Most employment agreements say that should an employee fail to give notice they will forfeit pay equivalent to the notice period: But both parties should be clear about the dangers if this kind of situation arises, for the devil is in the details as Judge …

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Who are Sacked Kiwi?

Sacked Kiwi are the latest no win no fee provider to start operating in the employment law market but who are they? They say they are New Zealand’s leading Employee Advocacy service. They claim they have employment experts in Christchurch and have worked tirelessly throughout the industry …

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Mediated settlements are confidential

Most employees who raise a personal grievance will end up in Mediation. If they have a case then they and their employer probably will reach agreement that will require the employer to pay them some money. The agreement will be confidential which means that the …

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Some employers and employees deserve each other

There are rare occasions when you feel like saying “you two deserve each other” and one of these occasions involves an employee Mr Kumar and Mr Ajay Kumar Gaur, the director of two companies, for whom Mr Kumar worked. When appearing before the Employment Relations …

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Shouting at the world on Facebook and Twitter

What you say on facebook or tweet may cost you your job. In March of 2010 Tania Dickinson, an employee of the Ministry of Social Development, described herself in a Facebook post as a “very expensive paperweight” who is “highly competent in the art of …

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Zero Tolerance to Violence at Work

Many employers have a zero tolerance policy towards violence in the workplace and, while the law recognises this sloganised policy is admirable in principle, they have warned the devil is as always, in the detail. In Housham v Juken New Zealand Ltd, a case involving …

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Warning Warning Warning – Another employer victim of 90 day trial period

The minefield of the 90 day trial period claims another employer victim. On 30 May 2013 (day 88 of a trial period) Canon New Zealand Ltd  terminated the employment of Brent Hutchison with notice. However, the Authority determined the notice was defective and Brent could …

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