Services

Employers

Drafting Employment Contracts

Employment contracts are the foundation of the employer/employee relationship. It is important that you have well drafted contracts that are suitable for your staff. An all too regularly used practice of copying and pasting contracts found on the internet or borrowed from other organisations should be avoided.

Responding to Personal Grievances

It is essential that personal grievance claims are dealt with promptly and thoroughly.  Our staff have extensive experience dealing with personal grievances in a wide range of matters.

Mediation

Mediation is the primary resolution process for resolving employment problems. It is the best opportunity for the parties to control and contribute to a resolution as economically as possible. Our team are able to guide you through this process and assist you to achieve a final resolution in a timely manner.

Restructuring | Redundancy

Restructure is often a necessary consideration for any business as it navigates the ups and downs of the economy. It is imperative that employers get the procedure right from the outset. Too many overlook the procedural requirements leaving themselves exposed to a personal grievance claim that is so easily avoided. Getting advice before you commence a restructure will ensure you are compliant.

Harassment and Bullying Claims

Harassment and bullying in the workplace is unacceptable in any form. An employer has a responsibility to keep their employees protected from it and when they receive allegations of such behaviour they must promptly investigate them and take immediate steps to ensure the complainants are safe. Too many employers make the mistake of taking too long to react and investigate promptly. Don’t be that employer.

Enforcing Contracts

We can assist with enforcing employment contract terms such as a breach of a confidentiality clause or restraint of trade.

Performance Management Processes

Performance management for under-performing employees is also an area where too many employers fail to follow the correct procedure and expose themselves to a personal grievance claim. Often, this is because they didn’t
get the procedure right, even though the steps they wished to take were justified. If you are not sure on that procedure, take advice early.

Employment Relations Authority and Employment Court Appearances 

If matters escalate to the Employment Relations Authority or the Employment Court we are able to guide you through what can be an intimidating process so that you are properly and fairly represented.

Independent Workplace Investigations

This is a specialised area of employment law. All employers have a duty to promptly and thoroughly investigate employment issues such as allegations of breach of contractual duties, complaints of harassment, bullying, theft, drug use, and any other allegations of misconduct. Employers will need to decide whether to conduct the investigation themselves or engage the services of an external investigator. We can assist either advising employers of the correct process of conducting an investigation or we can conduct an independent investigation for you. An employer should not use the same person to conduct their investigation and to give legal advice.

© 2020 by Collins & May Law Limited

Collins & May Law Limited trading as Collins & May Law

4th Floor 44-56 Queens Drive
PO Box 30614
Lower Hutt

Phone (04) 566 5775
Fax (04) 566 5776