Heather Mckinnon BA. LLB(Hons)

Heather Mckinnon

Employment Law

Employment relations in New Zealand are governed by the Employment Relations Act 2000. If you have questions about an employment problem you may find many of your answers on the Department of Labour website. But of course here at Zindels we are poised ready to answer or research your questions  - no question too big or too small.

We act for both employees and employers. You can pay private rates or you can apply for legal aid if you have limited means. I also offer advice to or about Incorporated and unincorporated societies, charities and sports clubs.

We take a pragmatic approach to helping you resolve your employment disputes. Sometimes a little sound advice about your legal position and how to communicate with your employer or employee may be enough. Alternatively you may want to raise a personal grievance or commence disciplinary action.

Services to employees:

• Giving legal advice about your situation
• Raising a personal grievance with your employer
• Negotiating with your employer
• Pursuing a personal grievance to mediation, the Employment Relations Authority or the Employment Court.

You may have a personal grievance if:

• You were unjustifiably dismissed. It may have been unfair to dismiss you or even if it was fair to dismiss you, it may have been done in an unfair way.
• You do not have a written employment agreement
• You have been accused of misconduct or serious misconduct.
• You are guilty of misconduct or serious misconduct
• Your hours have been reduced.
• Your job has substantially changed
• You have been made redundant.
• You are not performing very well
• The work you do is being taken over by another company.

Services to employers:

• Giving legal advice
• Defending personal grievance actions taken by an employee
• Drafting employment agreements. From 1 July 2011 all employers are required to keep a signed employment agreement for each employee and provide it to the employee on request.
• Developing and drafting employment related policies to manage particular issues in your workplace.
• Developing a tailor made process for disciplining, or terminating the employment of, an employee, that is both substantively and procedurally fair and unlikely to be overturned by the Employment Relations Authority or Court.

Snippet of Law: The 90 day trial period

From 1 July 2011 all employers are entitled to employ a new employee on a trial basis for up to 90 days. The idea behind this is to encourage employers to employ people they might otherwise not have employed.

If a new employee has signed a written employment agreement with a valid trial period clause s/he cannot take a personal grievance for unjustified dismissal if s/he is dismissed within the trial period provided that notice of dismissal is given to the employee before the end of the trial period and any process specified in the trial period clause has been followed.  If a new employee is not dismissed before the end of the trial period employment continues indefinitely.

A new employee on trial may still bring a personal grievance for: unjustified actions leading to disadvantage in employment, sexual or racial harassment, discrimination, or duress with respect to union membership.