Our Services
We deal with all employment law issues relating to employees.
The matters we commonly deal with are set out below.
If you have a particular query not covered below, please do contact us.
Employment Agreement Advice
An employer must give every employee a contract. If you have been offered a contract we can advise you on what you may believe are "troublesome clauses" and whether such clauses are appropriate. Some people for example may object to trial period clauses; "restraint of trade" clauses or clauses requiring compulsory drug testing. Our fees for such assistance with such agreements are normally calculated on an hourly or quote basis and would have to be discussed with the individual consultant.
Disciplinary Meetings/Exit Packages
If in the course of your employment you are asked to come to a disciplinary meeting your employer MUST advise you that you have a right to a support person or representative. We can advise you of your rights prior to the meeting and also attend the meeting with you.
For attending such meetings we generally charge a relatively small fixed fee payable in advance, together with a "contingency fee" if your employer offers you an "exit package" at that meeting. An exit package is where an employer pays out monies to an employee in exchange for their resignation. The exact details of such a fee would have to be discussed with your individual consultant but the fee is based on a percentage.
False Redundancies
False Redundancies are legal claims against an employer for such things as; unjustified dismissal; unjustified forced resignation (or constructive dismissal); unjustified redundancy dismissal or unjustified "disadvantage" (demotions, cuts in pay etc.)
Employment Relations Act & Legislation
The full list of possible claims is set out in the Employment Relations Act 2000. This Act can be viewed at www.legislation.govt.nz. These claims can be filed in the Employment Relations Authority, but you have to attempt mediation first either informally or via an application to the Mediation Service of the Ministry of Business, Innovation and Employment.
After you contact us we usually write a letter to the employer notifying them of your grievance and then invite them to mediation or possible direct settlement of the matter. If your employer agrees, we arrange mediation for the parties at the Mediation Service.
If your employer does not agree to a mediation or alternatively the mediation is unsuccessful, you may proceed with an application to the Employment Relations Authority to have your case considered.
Wage Arrears and Holiday Pay Matters
We occasionally have clients wanting us to collect wage arrears and will act for them if our fees are justified considering the amount sought. This requires the filing of a wage arrears action. We charge on a "no resolve no fee" basis for this as well.
Redundancies
We also can advise people on impending redundancy situations or restructuring. This is normally charged at a fixed rate beyond initial consultation.