I R Thompson Associates have an excellent reputation for helping employers with issues relating to employment relations NZ wide. We don't charge outrageous fees and we provide common sense advice.
It should be noted that we work for employers and employees which does give us an advantage in understanding both perspectives. Employers, don't get it wrong and pay, call us first. However in all cases of a greivance from a former or current employee you should be represented by a experienced Barrister, Union, Solicitor, Employment Lawyer or Employment Advocate to obtain the best result. Of course as Employment Advcoate's we strongly recommend that you use our services due to our experience.
Employment Minefield for Employers
Employers under the current legislation need to be extremely careful in dealing with employees in regards to issues such as applying the correct redundancy process NZ currently operates under.
Without doubt an employer will come across problems with employees. This page can assist employers with general concerns you may have however it is strongly recommended that you contact us to check your position. If you fail to warn or dismiss an employee correctly and go into an employment tribunal NZ has in place unprepared, it could potentially cost you thousands of dollars and lots of time and energy.
Employment Law Training for Employers
I R Thompson Associates can offer provide tailor training for your company on any employment - related topic. This training is provided by Robert Thompson and can include topics such as;
- Employment Law for Beginners
- The Disciplinary Process
- Avoiding Personal Grievances
- Employment Agreements
- Holidays Act 2003
- Drugs and Alcohol in the Workplace
- Unfair dismissal claims.
- Independent investigations into workplace bullying.
- Personal grievance claims.
HOW TO MAKE AN EMPLOYEE REDUNDANT
It is never easy letting staff go, but sometimes the needs of the business demand that staff costs be reduced or new structures be put in place to achieve the aims of the business.
As the employer, you are entitled to have a clear proposal in mind before consulting with staff about a decision that may affect their ongoing employment. However you need to have an open mind to change until after you have discussed it with the employee or employees and considered whether there are alternatives to making them redundant.
Employees must be given a genuine opportunity to affect your final decision, which means that they must have access to the information that you are relying on for your proposal. Also they must have the opportunity to meet with you, in order to discuss the proposal for change and to raise alternatives to the proposal, or other ideas for retaining their employment.
· Solidify business reasons. The employer must be able to clearly identify the rationale behind the restructuring. This must be a genuine business reason and nothing to do with the employee (s) or their performance. If more than one employee is undertaking the same role, then it may be necessary to involve a number of employees in the restructuring process. Specialist advice should be sought in relation to this.
· Arrange meeting. The employer should draft a letter to the employee setting a time and place to meet along with any information held by you. The employee should be advised that the purpose of the meeting is to allow them to seek clarification, and provide their feedback in relation to the proposed restructuring. The letter should outline in detail, the reasoning behind the proposed restructuring, and give full details of the proposed restructuring that is to occur. The letter must make it clear that no decision has been made, but that the employer is proposing changes which will affect the employee’s employment, and that the employee is entitled to have a representative or support person present at the meeting. The employee should be given at least 48 hours notice of the meeting, and advised that they require further information, then this should be requested prior to the meeting.
· At the meeting, the employer should ensure the employee fully understands the proposed restructuring and possible effect it would have on the employee’s employment. The employer should not make any comment which indicates a decision has been made regarding any new structure or any changes to the employee’s position. The employee should then be given an opportunity to provide their feedback in relation to the proposal.
· If more than one employee is involved in the process, there should also be some discussion regarding a fair selection criteria to determine which employees are made redundant; again seek specialist should always be sought.
· Once the employees have provided their feedback, the meeting should be adjourned for the employer to consider the feedback provided (if any).
· Once the consultation process has been completed, the employer is in a position to make and communicate a decision in relation to the proposed restructuring. This should be confirmed in writing.
· If more than one employee is involved in the process, an additional step would need to be made at this point in applying the selection criteria; again seek specialist advice in such circumstances.
· The decision regarding the restructuring should be confirmed in writing to the employee.
We remind you that redundancies can be complex, Special care should be taken when you want to make an employee redundant. This is a broad overview and with different circumstances come different processes and requirements. ALWAYS get specialist advice before proceeding.
Wage & Time Records
For a free document on wage and time records we recommend that you go to the Department of Labour website.
This information is not a substitute for legal advice and we recommend that you visit or call before acting on material you have read.
The employers rights, the employers obligations and the employers duties will be challenged. Therefore the employer should be prepared to defend the things that the employer has worked hard to gain through hard work. Employers we are here for you.