Employment

Employment

Redundancy & Restructures

Sometimes because of a downturn in revenue or to create efficiencies in your business, change is needed. 

Whether your change affects a small number of staff or thousands, we can guide you through a sound process. 

An essential requirement to the redundancy or restructure process is having a genuine business reason that will stand up to potential scrutiny and following a fair and reasonable process. 

The key to conduct a fair and reasonable redundancy or restructure is to seek the right advice early. Please contact us today if you would like our experts to assist you.

Employment

Defending personal grievances & complaints

Defending Personal Grievances

When you receive notification of a personal grievance, it can be stressful. 

Just because an employee has raised a grievance does not mean it is valid or that you are required to pay the amounts they are claiming. 

It is important that you respond to the grievance appropriately. If you have received a letter raising a personal grievance, get advice from us early to help in a swift resolution so you can return to focusing on your business.

Responding to Complaints

Complaints from employees can take all different forms, such as

• Complaints of bullying,
• discrimination, or
• misconduct.

Appropriately dealing with complaints from employees is essential. 

The response needed can differ depending on the nature of the complaint.  An independent investigation may be appropriate, or it may be that with some guidance, there is someone appropriate in your organisation to manage the investigation.

Employment

Restraints of trade

Restraints of trade are used as a blanket term to encompass restraints that prevent employees and previous employees from:

• working in competition to your organisation
• setting up a competing business
• soliciting or undertaking work for your clients or customers
• soliciting staff

To have the greatest chance of your restraint being enforceable, there are several factors to consider when drafting or enforcing restraints.

Employment

Preparing employment agreements

Employers are obligated to hold signed copies of an employment agreement for each employee in their business. Failing to do so can lead to penalties.

Having sound employment agreements also greatly assists when things go wrong. You are better to have protections in place for the worst-case scenario in the hope you will never need it.

We prepare all types of employment agreements, whether permanent, fixed-term or casual. For a review of your existing contracts or assistance creating bespoke employment agreements for your organisation, please contact us. 

Employment

Health & Safety

We understand that workplace accidents have far-reaching consequences for businesses, victims, and their families. One of our primary focuses is providing assessments of health and safety policies to minimise the risk of accidents occurring in the first place; another is compliance generally with the law. We have knowledge and experience to provide an immediate and expert response when required.

When accidents do happen, we advise as to the actions that should be taken immediately following the accident and in working with Worksafe, including the response to and defence of any prosecutions.

We assist a wide range of clients, including school boards of trustees and businesses of all sizes.

Our experts can help you with:

• Undertaking audits and developing health and safety practices and policies to ensure compliance with the Health and Safety at Work Act 2015 and related legislation;
• Advice on health and safety in the context of earthquake risk and the seismic strengthening of buildings;
• Advice as to drug and alcohol policies such as workplace drug testing.

Employment

Mediation

Our expert employment lawyers regularly represent employers at mediation. 

We consider that a swift resolution is a benefit to both parties and enables you to return to focusing on your organisation. 

Where a client can’t achieve resolution through mediation, our experienced team also represent clients at the Employment Relations Authority, the Human Rights Review Tribunal or other forums if necessary.

Employment

The ERA and Employment Litigation

Our expert employment lawyers all have significant litigation experience so you will receive continuity of service in the event you are required to defend your claim in the Employment Relations Authority or other litigation forums.

There are several options to resolve matters before litigation is necessary, but when litigation is the next step, having an experienced litigator on your side makes all the difference.

Litigation can be time-consuming and stressful but with the right advice and knowing the potential timeframes and concerns at the start of the process puts you in the best position to advance your case.

Employment

Redundancy & Role Changes

If your employer wants to make changes to your role, they must follow a process. Holding employers accountable to the process can lead to better results than disputing a decision that’s been made.

If you’ve received a letter or document suggesting a restructure, redundancy, or if you’ve been told you’re redundant, call us.

Employment

Raising a Personal Grievance

If you think you have been treated unfairly at work or if you have been dismissed from your position, you may have a valid personal grievance. 

You only have 90 days to raise the grievance. Our team will guide you through the process of what to expect when raising one and help you achieve a positive outcome. 

Employment

Harassment At Work

There is protection in New Zealand law to prevent bullying and harassment at work. Employers need to appropriately deal with complaints and have obligations to both the complainant and the person being complained about. Both of these parties should have advice throughout the process.

Your employer is obligated to provide a healthy and safe work environment for you which includes protecting you.

Getting advice early and appropriately responding to a complaint is essential.

For help raising and navigating concerns of bullying, please contact us.

Employment

Reviewing Employment Agreements

Have you been offered a new role? Congratulations!

To ensure that you are starting your new employment on the right foot we will:

• review your proposed employment agreement to ensure that it complies with the law; and
• guide you on some points you may wish to negotiate with your proposed new employer.

Employment

Mediation

When employment relationship problems arise a key option for resolution is mediation.

Our team regularly represents employees at mediation with the aim of reaching an appropriate and expedient resolution. 

Where resolution is not reached our experienced team also represent clients at the Employment Relations Authority, the Human Rights Review Tribunal or other forums if necessary.

Employment

Other

At JB Morrison our employment law experience encompasses the full breadth of employment issues. We listen to you, we focus on your needs, we explain the law and legal processes in plain language, consider practical solutions and use emotional intelligence to achieve the best outcomes.

Performance Improvement Plan Reviews

Employers are required to provide you with the opportunity to improve your performance and appropriate training to do so.

Performance Improvement Plans need to contain specific information.

If you have been presented with a proposed performance improvement plan you should obtain a legal review and assistance with the process.

Restraints of Trade

Employment agreements often have restraint provisions.  ‘Restraint of trade’ is often used loosely to describe a number of ways your employer or previous employer is trying to protect their business. 

Acting against a restraint provision comes with risks and it is important to understand those risks before taking up a new position or establishing your own business. 

Parental Leave

New Zealand legislation has protection for employees who need to take time off to care for a newborn child or an adoptive child coming into your care.

If your employer has not complied with the legislation, you can raise a parental leave complaint.

Employment Litigation

Our expert employment lawyers all have significant litigation experience so you with receive continuity of service in the event you are required to pursue your claim in at the Employment Relations Authority or in other litigation forums.

There are a number of options to resolve matters before litigation is necessary, but when litigation is the next step, having an experienced litigator on your side makes all the difference.

Litigation can be time-consuming and stressful but with the right advice and knowing the potential timeframes and issues at the start of the process puts you in the best position to advance your case.