I R T provide legal advice in Christchurch to employers and employees.  We provide advice on Employment agreements, personal grievances, unfair dismissal, sexual harassment, bullying, stress at work, restructuring, redundancy, and disciplinary meetings.

Ask yourself do you need legal advice on employment law?  Do you have an employment problem?

We can fix your employment problem or give employment advice on the below.

• dismissals.
• redundancies.
• personal grievances.
• employment contracts/employment agreements.
• employers and employees.
• legal aid providers.
• disciplinary meetings.
• Harassment.

Your free consultation will allow you to talk through your problems, and receive sound advice from an employment advocate. Call now on 379 4288 or email us your questions.

Employment Relationship Problem?
Confidential advice from experienced employment advocates. Specialist employment advice for employers and employees. You will receive honest opinions put in plain language that you will understand.   

Redundancy.

Times are tough.  But an employer cant go and hand you a letter, text you or email you terminating your employment.  Even in tough times and more so, an employer must follow a process that is legal, and fair.   If you have been dismissed because of a redundancy call us.  Ask for Robert Thompson or Jonny Sanders.

90 Day Trial Period.

The Employment Relations Act's new 90 day employee trial period came into effect on the 1st of March 2009.

As with all legislation, there are key things you need to know before the employment relationship is terminated.

• Any trial period is voluntary, and must be agreed by the employer and the employee in writing as part of the employment agreement
• The trial period provision must be stated in the employment agreement, and be no more than 90 days
• The trial can only apply to new staff - previous employees or those transferring from one job to another can't be included
• A trial period can only apply once and can't be rolled over.
• If dismissed during the trial period, an employee can't pursue a personal grievance for unjustified dismissal.

However, employees can still bring personal grievances for unjustified disadvantage, discrimination, sexual or racial harassment, duress and failure by an employer to comply with the continuity of employment provisions in the Employment Relations Act.

Staff numbers are calculated at the time of employment, and include part-time and casual staff, but not contractors or volunteers.

Employers Check list before dismissing any employee.

1. Ensure that you have less than 20 employees.
2. Ensure that you have a written employment agreement, signed and providing for the trial period.
3. Provide the notice period detailed in the trial period clause.
4. Dismiss the employee before the 90 day period ends.

Employees check list if dismissed on trial period.

1. Ensure that when employed that there were less than 20 employees.
2. That the contract contains a trial period.
3. That you have not been let go on grounds that would breach your human rights.

Any questions on the 90 day trial please call Robert Thompson or Jonny Sanders.

Wrongful dismissals. (Unfair Dismissal)
If you have been dismissed you may have recall against your former employer. An employer is required to follow a fair and reasonable process. While the employer may not be placed under a microscope the dismissal must be transparent, fair and reasonable. Prior to a dismissal an investigation or disciplinary process must take place. Employees must be given reasonable notice of the meeting, the allegations, possible outcomes and that he or she are entitled to be represented. Failure to follow this process will be unfair. If you think you have been unfairly dismissal call us today.   more...

Forced resignations (Constructive dismissals)
If an employer puts pressure (directly or indirectly) on an employee to resign, or makes the situation at work intolerable for the employee, it may be a forced resignation or "constructive dismissal". A constructive dismissal may be where, for example, one or more of the following occurs:

• the employer has followed a course of conduct deliberately aimed at coercing the employee to resign
• the employee is told to choose between resigning or being dismissed
• there has been a breach of duty by the employer (i.e. a breach of the agreement or of fair and reasonable treatment) such that the employee feels he or she cannot remain in the job.

If an employee has been forced to resign, they may have a personal grievance. We strongly recommend that you contact us before resigning from your employment.

Employment Contracts Drafting & Review
Expert advice on what is appropriate in your contract. Getting the agreement checked before it is signed and becomes binding is strongly recommended. We also update existing agreements for current legislation. Our prices for checking employment agreements are between $50.00 and $100.00, which is very reasonable.

Harassment.

Do you have a workplace bully or is your staff complaining about a bully. This type of person is detrimental to your workplace it effects production and moral. Once an employer becomes aware of a bully or harassment they must act. This includes sexual or racial harassment. Call us now and let us fix this problem.

Exit Negotiations
Sometimes the best way to resolve an employment relationship problem between the employer and employee is to negotiate terms of departure. I.R Thompson Associates can assist you in reaching a final settlement with your employer or employee.

Representation at Disciplinary Meetings
It is important to ensure that all rights and obligations are observed, particularly as a personal grievance or further action may result. Representation helps ensure that what you do and say at a disciplinary meeting will be procedurally correct. I.R Thompson Associates will guide you through this process carefully and correctly. We understand that this is a nervous time and will make this process as painless as possible.

Representation at Mediation
Mediation is the primary problem solving mechanism under the Employment Relations Act 2000 to help resolve an employment relationship problem such as a personal grievance. Representation at mediation is critical to helping you make decisions that work for you.

Employment Relations Authority
If mediation does not work, a personal grievance can be filed with the Employment Relations Authority which will investigate and make a decision on the matter. Expert advice and representation will give you the best possible result.

I .R Thompson Associates are employment advocates, we do not take a commission and charge on an hourly rate. If you have any question please call us .

Robert Thompson (owner)