So, you’ve been sacked.
The words still echo in your mind. Perhaps they came during a meeting you weren't expecting. Maybe they arrived in an email that made your stomach drop. However it happened, the result is the same – you've been sacked, and now you're facing a whirlwind of emotions and uncertainty. You need help.
So, you’ve been made redundant.
Facing redundancy can be one of the most challenging experiences in your professional life. The sudden uncertainty about your future, financial concerns, and the emotional impact can feel overwhelming.
MBIE Mediation: What It Is and How I Can Help You
MBIE (Ministry of Business, Innovation and Employment) mediation is a free, confidential service provided by the New Zealand government to help resolve employment disputes. It's a semi-formal process where an independent mediator helps employers and employees discuss their issues, understand each other's perspectives, and work toward a mutually acceptable resolution.
Sexual harassment in the workplace
Sexual harassment in the workplace is a serious issue that affects many New Zealanders. This article provides a plain language explanation of what constitutes sexual harassment under New Zealand law, your rights if you experience it, and the steps you can take to address it. We also highlight the critical choice between taking action against an employer or an individual harasser, and how professional advocacy can help you navigate this complex area of employment law.
No employment contract?
In certain industries, there is a view that a written employment agreement is unnecessary and that a handshake is enough. This is a terrible mistake for both employers and employees.
What can’t be in an employment agreement?
In some cases, especially for migrant workers, or people who may be new to work, employers have set terms in an employment agreement that are illegal.
Employment Agreements
An employment agreement is not just a piece of paper (though it should contain one of these). It is also a set of rights and responsibilities that exist in any employment situation.
Trial Periods in New Zealand
Since 2023, businesses of all sizes have been able to set “trial periods” for new employees of up to 90 days. The goal was to “encourage… businesses to give a new employee a go and to take on new employees”. During a trial period, an employee can be dismissed by being given the notice specified in their employment agreement.
If you are dismissed during a trial period, you need professional advice.
Probation Periods in New Zealand
Many employment agreements contain a probationary period. This is not the same as a trial period. The purpose of a probation period is to allow the employer to determine if a person is suitable for a particular job and to allow time for any problems, such as missing skills or unsuitable practices, to be set right.
There is no automatic right of an employer to dismiss an employee at the end of a probationary period.
Personal grievances
When your employment relationship breaks down, the path forward can seem daunting and unclear. Personal grievances represent a vital legal framework that protects New Zealand employees when they've been treated unfairly in the workplace. As an employment advocate, I regularly guide workers through this process, helping them navigate what can be a challenging and emotionally taxing experience.
The Employment Relations Authority
The Employment Relations Authority (ERA) is a Tribunal that deals with employment problems. If an employee and an employer can’t resolve their differences through mediation, the next step is the ERA.