How To Win Your Personal Grievance, But Lose The War

Did you know that you can win your personal grievance claim but still lose? This happens when you convince the Employment Relations Authority that you were unfairly dismissed, but for one reason or another, you come out worse off financially than when you began. Imagine spending $230k in legal fees

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Do I Need a Code of Conduct?

No, you don’t need one. But there are good reasons why you would want one. As I have explained elsewhere, if you employ staff, you are legally obliged to be a good communicator. You must talk to them. And your work policies, company manuals, and codes of conduct are ways

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What Does It Mean To Solicit Clients?

Sometimes your job can curtail your freedom when you decide to leave. This can happen when you agreed to a restraint of trade clause in your employment agreement. Restraint of trade clauses can take various forms. One common restriction prohibits you from soliciting your former employer’s clients or customers for

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Will I Get Paid If My Employer Goes Into Liquidation?

It’s a sad day when any company fails. And if you were employed by the company and are left unpaid for work you performed, it feels even worse. Often, when we say a company has failed, we mean it has been put into liquidation. That can happen when the company

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If You Want To Leave, We’ll Pay You

What if you offered to pay all your staff a handsome sum, not to do more work, but to leave your business? How many staff of yours would stay? This may sound like a mad idea. But it’s an offer that one of the largest businesses in the world, Amazon,

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Can I Use Information I Learned In My Old Job?

As an employee, you get exposed to the inner workings of your employer’s business. Your employer may teach you their methods and strategies, and expose you to their most important customers and suppliers. Some of that information can be extremely important to keep secret, and some of it simply becomes

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A Year’s Worth of Articles

I have been blogging on employment law topics for over a year now. Here is a list of my articles over the past year, divided into whether they are of most interest to employers or employees. If any posts have been particularly helpful to you, let me know. Or if there

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When Your Employee Leaves Without Notice

What happens if your employee resigns one day and never comes back to work? They may say, “I’m outta here,” never to return, completely disregarding their obligation to give you a period of notice before they leave. This can be frustrating. The whole point of an employee giving notice is

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You Can Have More Than One Employer

It is possible to be employed by more than one person at the same time for the same work. This situation can arise in situations where you are initially employed by one company to work for another closely related company. It might also arise if you are contracted to work

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Employers Are Not Judges

How sure must you be that you have your facts right before dismissing an employee for misbehaviour? You usually can’t be 100% certain that they did what you have alleged. If you didn’t see it with your own eyes, you will need to rely on what others say they saw

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