thinking about fair process

Give Your Employee A Chance To Change Your Mind

Plenty of New Zealand employers think the law is too “employee-friendly”. They cite cases where employees were surely at fault, but came away with big awards because the employer stuffed up the dismissal process. “How can that be fair?,” they wonder. They go on to assume that it doesn’t matter

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singled out for unfair treatment

$30k Award For Unjustified Disadvantage

Awards of compensation for hurt and humiliation have tended to be low in the past. That is particularly so in relation to claims for unjustified disadvantage. But in the right case, even compensation for a disadvantage claim can be significant – as a recent judgment from the Employment Court has

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employers close wallet for kiwisaver

Do Employers Have to Pay Extra for KiwiSaver?

KiwiSaver is a great scheme for getting Kiwis to save. After a decade we’re already saving billions collectively. The success of the scheme lies in making saving automatic. Contributions get paid because employers make the payments on their employees’ behalf. But what does it cost you as an employer? And

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Can you give a bonus and take it away?

Do You Have To Pay That Bonus?

Many employers want to reward employees for outstanding achievements. One way to do that is to give your staff a bonus – to provide an incentive for higher levels of performance. Time and again, I see great intentions to begin with. Unfortunately, it doesn’t always play out as intended. Either it

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personal grievance hopscotch

There’s More Than One Personal Grievance

Personal grievances come in more than one flavour. The most common one you hear about is the personal grievance for unfair dismissal. But did you know there are nine other types of personal grievance under New Zealand law? WHAT IS A PERSONAL GRIEVANCE ANYWAY? Before listing off the different types,

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Job offer coming your way

4 Things Employers Must Do When Offering Employment

Did you know that the law requires you to do certain things when making an offer of employment? The law recognises there’s an imbalance of bargaining power between employers and employees. Employers hold all the cards, so to speak. So the idea is to make employers give employees a fair

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Resign or not resign?

Should You Resign If Faced With Disciplinary Action?

Your boss just gave you a letter. It’s not good. The letter invites you to a meeting at 9:30 a.m. on Monday morning in the boardroom. They want to discuss allegations that are being made against you. They say they have evidence that you’ve misbehaved. You know this could turn

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medicine for incapacity

Ending Employment For Medical Incapacity 

I’ve written before about what counts as a good reason to dismiss an employee. Those reasons include misconduct, poor performance, redundancy, and even incompatibility. But what if your employee is physically incapable of working? Medical incapacity may seem like a harsh reason to end someone’s employment. But it can be a

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redundancy calculation

How To Calculate Your Redundancy Payout

“You’re redundant.” Those aren’t the nicest words you’ll ever hear. But many people face redundancy from their jobs at least once in their careers. For some, going through the restructuring process is harrowing enough. But to actually lose your job through no fault of your own, that’s another level. Your

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banning order stop sign

How To Get Banned From Employing Staff

Every employee has minimum legal entitlements. The right to annual holidays, to be paid the minimum wage and the like. It doesn’t matter if these entitlements are not mentioned in their employment agreement. Their right to these benefits stems from various statutes. They are not a contractual matter. That means

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