Being suspended from work can be stressful and unsettling, particularly when an employee believes the suspension is unjustified. Under New Zealand employment law, employers have the right to suspend employees in certain circumstances, but that right is subject to important legal safeguards. When Can an Employer Suspend an Employee? Suspension generally occurs when an employer […]
Category Archives: Employment Law
25
Oct
Oct
An employer cannot simply rewrite the terms of an employee’s employment agreement whenever it suits the business. Employees have legal protections against unilateral changes to their employment conditions, and an employer who disregards those protections may face a personal grievance claim for unjustified disadvantage. What Is a Unilateral Variation? A unilateral variation occurs when an […]
11
Sep
Sep
When people think about unfair treatment at work, they usually think about being fired. But New Zealand employment law also protects you from being treated badly while you’re still employed — this is called “unjustified disadvantage,” and it’s one of the most misunderstood areas of employment law. What is unjustified disadvantage? Under the Employment Relations […]
31
Aug
Aug
Most people assume that if they resign from their job, they cannot later claim they were dismissed. New Zealand employment law says otherwise. Under the Employment Relations Act 2000, an employee who resigns can still bring a personal grievance for unjustified dismissal if the resignation was not truly voluntary. This is known as constructive dismissal. […]
02
Aug
Aug
If you’ve been dismissed from your job in New Zealand, or you’re an employer trying to get a dismissal right, the starting point is section 103A of the Employment Relations Act 2000. It sets out what’s called the test of justification, and it applies to every dismissal in New Zealand, whether it’s for misconduct, poor […]