Employers

Employers

Redundancy and 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.

Employers

Defending a personal grievance

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.

Employers

Employee performance issues

Managing performance issues in your organisation can be time-consuming, but not addressing the issues or getting it wrong can be costly.

We can assist in guiding you through the process.

It may be that you are just starting to identify concerns and need guidance on next steps.

Alternatively, you might be at the point where a performance improvement plan (PIP) is necessary.  A PIP must contain particular information, and it’s important you follow a fair and reasonable process. Contact us to guide you through the process.

Employers

Responding to complaints from employees

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.

Employers

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.

Employers

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. 

When trying to include 90 Day Trial periods a lot can go array, contact us to review your probation period or learn more here.

Employers

Health and 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.

Employers

Parental Leave

New Zealand legislation provides minimum rights to employees who need to take time off to care for a newborn child or an adoptive child coming into the employee’s care. 

Your obligations

Understanding your obligations to your employees and ensuring you comply with those obligations is the first step to preventing a parental leave complaint.

Contact us for guidance about your obligations for employees taking parental leave.

Employers

Discrimination

There are grounds of illegal discrimination detailed in the Human Rights Act. 

Employers must ensure that the employment processes they follow do not discriminate on the basis of a ground of illegal discrimination. Prevention can be assisted through policies.

Our team are also experienced in assisting in cases where discrimination has been alleged.  

Employers

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.

Employers

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.