Hauraki-Coromandel Post : 2020-10-22

News : 12 : 12


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: askus@karinthoma­s.co.nz.n 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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