Employment Law Claims

Find out if you have a legal claim in complete confidentiality

Employment problems affect people’s livelihoods and reputation. This can lead to huge amounts of stress to you and your family. Shine Lawyers advise and assist in resolving employment problems. Our focus is to give our clients the support and resources to rebalance the employment dispute in your favour.

Shine Lawyers help clients take claims through the Employment Relations Authority, the Employment Court and Mediation. Successfully resolving employment problems require a team willing to listen to you and look after your best interests.

The law requires you to file a claim for a personal grievance within 90 days so you need to act quickly to get the best advice.

If you have an employment problem, please contact us today on 09 414 0397 or email us tgunn@shinelawyers.co.nz for a free initial consultation to discuss the circumstances around your employment dispute.

 


Do I need an Employment Lawyer?

I have been made Redundant or been advised of a Redundancy

Redundancies are common in the new dynamic and changing employment landscape.

If you have been made aware of an upcoming redundancy you need to assess if it is a “genuine redundancy”.  This involves the employer explaining the real reason for making you redundant.

Employers also need to ensure that they have followed the correct collaborative process in arriving at their decision to make you redundant.  Your employment contract may have a set procedure and compensation provisions.  However, there is no requirement to have any minimum compensation.

If you think that the redundancy is not genuine or that your employer is not following the correct procedure, you may have a personal grievance.

The law requires you to file a claim for a personal grievance within 90 days so you need to act quickly to get the best advice. Contact Shine Lawyers NZ today.

I have a been offered a Contract for Service

Employers are increasingly using Contractors or “outsourcing” to fill the roles typically occupied by employees.   This is done to cut costs, provide flexibility and employ experts for specific projects.    A Contract for Service does not have the same protections as a Contract of Service therefore you need to get advice as to the genuine nature of the arrangement.  Entering a sham contracting arrangement put the employee at high risk of financial penalties.

I have been fired 

Employers have a duty to act in good faith. This applies to the reason for your dismissal and the process that they follow. If the dismissal is unjustified then you have an opportunity to make a Personal Grievance claim.  This can lead to your reinstatement, and/or financial reimbursement and compensation.

While this is a difficult and stressful time, it is important to get quick and straight forward advice.

The law requires you to file a claim for a personal grievance within 90 days so you need to act quickly to get the best advice. Contact Tim Gunn today for free initial consultation.

I have been told to attend a Disciplinary meeting

Disciplinary meetings can raise serious issues for employees.  If there is an allegation of serious misconduct against you this can ultimately lead to you being terminated.  The employer must follow a set procedure and give you advanced notice of any allegations against you.

Given the serious nature of these meetings it can be worthwhile seeking legal help as soon as possible.

I am in a performance management process

Employers routinely monitor employee performance.  When there is a perceived issue with performance, employers can initiate a performance management process or performance improvement plan (PIP).   Failure to meet the performance plan objectives can lead to termination.

This can be a very stressful process for employees.   It is important to review the rationale and process the employer is following.

If you have been made aware of a performance management process or performance improvement plan, we can help you through this process.

My employer is treating me badly

Employers sometimes use their position of power to take advantage of employees.  This can be in the form of:

  • Discrimination
  • Sexual Harassment
  • Bullying
  • Racial Harassment
  • Issues relating to sick leave
  • Disadvantage and unfair treatment
  • Underpayment
  • Unfair contract hours

No employee should be subjected to this behaviour. It is very difficult to address these issues directly with the employer who may be the party responsible for the misconduct.  If you are having issues with your employer, we can discreetly help you manage the issue and advice on any personal grievance claim.

Employment Law Changes

Employment Law is currently undergoing change.  The latest changes to the Employment Relations Act 2000 focus on establishing minimum employment standards and increasing sanctions.

Employees should be aware of key changes to Paid Parental Leave, the minimum wage, reporting and time recording and the removal of “zero hour” contracts. So, if you are employed and do not have an employment contract, or you think your employer has not updated your employment contract we can help negotiate this process.

Confidentiality

All discussions with lawyers are private and confidential.  Any discussions you have with our team will always be protected.  This allows you to be open, honest and transparent so that we can correctly advise you on resolving your claim.  So, there is no threat that your employer or any other person will find out about any discussion we have. Contact Shine Lawyers today.

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Andrew Hooker, Managing Director of Shine Lawyers New Zealand, works tirelessly to achieve great outcomes for clients. Learn more ›

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