Christchurch Employment Lawyer

A personal grievance is a type of complaint that an employee may bring against a current or former employer.

Employees can bring a personal grievance for the following complaints:

• Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90 day trial period)
• Unjustifiable action which disadvantages the employee
• Discrimination
• Sexual harassment
• Racial harassment
• Duress over membership of a union or other employee organisation
• An employer’s failure to comply with obligations relating to continuity of employment for employees affected by restructuring
• Disadvantage to an employee due to the employment agreement not meeting legal requirements for:
  • agreed hours of work
  • availability provisions
  • reasonable notice periods to be given before cancellation of a shift
  • reasonable compensation to be paid if a shift is cancelled
  • secondary employment provisions.
• Unfair treatment of an employee who has lawfully refused work in certain circumstances
• Where an employer engages in adverse conduct for a prohibited health and safety reason in relation to an employee or tries to force or persuade an employee not to perform a function, exercise a power or undertake a role under the Health and Safety at Work Act 2015
• Where an employer, or former employer, takes retaliatory action against an employee who has made a protected disclosure of information
• Where an employer does not agree to protecting an employee’s employment while the employee in participating in Reserve Forces service or training
• Where an employer compels a shop employee to work on Easter Sunday or treats a shop employee adversely because they refuse to work on Easter Sunday.

Mediation is when both parties work voluntarily with an independent mediator to resolve issues. A mediator will help you to identify the main issues and find potential solutions. The aim is for you both to come to an agreement. You cannot be forced into a decision or agreement. Rupert Ward provides mediation services in employment disputes.

The Employment Relations Authority (ERA) is an independent organisation that sits below the Employment Court.

The ERA helps to resolve employment relationship problems by looking into the facts and making a decision based on the merits of the case, not on technicalities.

Rupert Ward can provide professional representation in the ERA and can help with gathering important evidence and clearly stating legal arguments.

Decisions made by the Employment Relations Authority’s can be challenged in the Employment Court. Although you may represent yourself, it is strongly recommended that you seek legal advice and representation when going to the Employment Court.

Rupert Ward can help you gather the important facts and express complex legal arguments, as well as dealing with the formalities of the court process.

If an employer wants to discipline an employee for misconduct, they must have a good reason for taking the action. Employers must follow the principles of a fair process.

Rupert Ward can provide representation and advice during the disciplinary process.

Employment agreements have the terms and conditions of employment. Every employee must have a written employment agreement.

A well written employment agreement helps the employee and employer to know what is expected from them and what they’re entitled to. This means misunderstandings are less likely to happen and if a problem does come up then the employee and employer can go to the employment agreement to clarify things.

Rupert Ward provides legal advice in creating and determining the legality of employment agreements.

The Health and Safety at Work Act 2015 and related regulations apply to employees and contractors. The Act and related regulations require that workers and others are given the highest level of protection from workplace health and safety risks, so far as is reasonably practicable.

Employers must go through the workplace change process before making someone redundant. Employment agreements and workplace policies must be complied with.

Rupert Ward provides legal advice and representation during the complex process of redundancy restructuring.

The Holidays Act 2003 sets out the minimum entitlements to holidays and leave, and payment for them, that employers are obliged to provide to their employees.

Rupert Ward provides expert legal advice in negotiating the ins and outs of the Holidays Act.

Collective bargaining is the process used for negotiating collective employment agreements. Experienced and inexperienced negotiators may benefit from help with collective bargaining. Getting advice early can avoid disputes later on. Rupert Ward provides advice and mediation services to assist parties at any stage of the collective bargaining process.

Rupert Ward can provide legal advice and assistance in drafting employment contracts, negotiating exit packages, negotiating resolution of harassment, dishonesty, bullying issues, and other employment matters.