Tag Archives: Personal Grievances

When your boss changes the rules: Unilateral changes to employment terms

Unilateral employment contract changes

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 […]

Constructive dismissal: When resigning isn’t really a choice

Constructive Dismissal in NZ employment law

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. […]

Unjustified dismissal: What the law requires, and what just changed

Unjustified dismissal news

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 […]