12 Hauraki Coromandel Post Oct 22, 2020 bayofplentytimes.co.nz | ■ Advertorial You’re Fired! Tai ho, let’s get a plan sorted. While it might be satisfying to fire an errant employee Donald Trump style, it is going to cost the employer a significant amount of time, energy and money in the aftermath of defending the lack of procedural fairness and claims for compensation for hurt and humiliation by the employee or former employee. Employment law is a nuanced area of law with a significant number of advocates claiming to be ‘experts’ in this field of law. One reason for this is the Employment Relations Authority permits representation by non-lawyers, which has seen a proliferation of such organisations of ‘sacked Kiwi’ who offer to raise personal grievances at no initial fee and are paid as a share of the pay settlement. This strategy is predicated on most employers ‘paying to make the problem go away’. In my view it is a bullying strategy and is unrelated to the merits of whether the employee’s personal grievance has merit or not. The Employment Relations Act 2000 lays out the key foundation to the employee and employer relationship at its core is a duty for each party to act in Good Faith to each other.her. What this means is there is a duty of care owed to both parties to each other, which includes a legal obligation to be transparent, unbiased and fair. This all needs to be documented to ensure the employer can substantiate and defend their decision making in relation to the employee’s employment status. As is often the case, prevention is better than cure – that is, let’s sort out robust employment agreements and disciplinary processes from the outset of the employment relationship. These need to be documented and available to the employee – this ensures procedural fairness. I view a good employment agreement as the foundation of any employment relationship. My team and I offer comprehensive services around employment law and can assist your business. As an extension of my commitment to law and my clients I am starting a regular, monthly ‘Ask Karin’ column in this newspaper. I hope that this information is beneficial to you all and I welcome your topic suggestions. Please email: email@example.com Summer styles from our most popular Brand have arrived. Get yours now, while stocks last! Style: Mailu Colours: Green, Blue Sizes: 37-42 $119 Style: Cosmo Colours: Taupe, Black Sizes: 37-42 $179 Made in Portugal Vegan friendly 98 Seddon St, Waihi Ph: 07 863 8633 Monday-friday 9.00-5.00pm Saturday 10.00-1.00pm www.myshoeshop.co.nz www.karinthomas.kihco.nz PRINTED AND DISTRIBUTED BY PRESSREADER Pressreader.com +1 604 278 4604 ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY COPYRIGHT AND PROTECTED BY APPLICABLE LAW
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