Under Employment Law in New Zealand
Employers have a hard enough job as it is running a business and the myriad of tasks and responsibilities that go with that. Unfortunately, in addition to running a business, employers also have to deal with issues of employee misconduct in the workplace ranging from theft and dishonesty, to assaults, threatening behaviour, being under the influence of alcohol and drugs, failing to turn-up at work, and dishonest use of sick-leave.
One of the initial issues which arises when an employer commences an employment investigation is to decide whether or not the employee who is the subject of the investigation should be suspended from their employment. In addition to employee disciplinary issues, employers also have to regularly deal with:
Preparing an employment agreement for a new employee and or varying an employment agreement for an existing employee.
Employers realise that an employee is not performing to the standard expected of them and in accordance with their employment agreement.
Redundancies & OSH
Anything related to health and safety in the workplace
If you are facing a legal obligation to report an employee to a professional disciplinary body such as the New Zealand Teachers Council or the Nursing Council of New Zealand, you should take legal advice from an employment law specialist. I am an experienced meditator and employment law advocate representing employers at tribunals and hearings. Auckland employers can easily find my Ponsonby office or schedule a one-to-one meeting at your chosen location, New Zealand wide.
Employment Law Advice, Just For Employers
If you get it wrong or make an error in any of these areas you could face a personal grievance for an unjustified action (such as unjustified dismissal or constructive dismissal) and end up paying an employee thousands of dollars. Following the correct procedures are therefore an essential requirement for any employer. It pays dividends to get the right advice from the beginning before you say, write or action anything you may later regret.
Spend a little extra time at the beginning of any of these processes getting it right will save you and your business from wasting valuable time and money at the end when often it is too late to rectify your errors. Having advised and represented employers in all these areas I can assist you if you are an employer facing any one of them. Call any time to discuss your any employment law concerns you may have.