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Blog - Category: Employment Law

Employment Law – When is a Dismissal Justified?

When the working relationship between an employer and an employee breaks down, the outcome can often be that an employee is fired. Regardless of which side of the dismissal you’re on, this is likely to be a stressful and unpleasant experience. While there is no doubt that this is a difficult time for both employees and employers, it is important that dismissals are handled correctly to prevent ongoing problems. Read More »

The importance of a written employment agreement

A frequent problem I see when dealing with personal grievances is the lack of a written employment agreement.

Under s 65(1)(a) of the ERA 2000 an individual employment agreement must be in writing. If an employer has failed to provide a written employment agreement, the court may resolve any disputed claim under an employment agreement in favour of the employee. Claims for a personal grievance alleging breach of an unwritten employment agreement are often made with an application for penalty for breach of the statute.   In Park v Brand Works Ltd the employer was ordered to pay a penalty of $2,500 (payable entirely to the employee) for failing to provide a written employment agreement.  The maximum fine is $10,000.

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Rupert Ward Barrister

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