En­ti­tle­ments for em­ploy­ees

Kapi-Mana News - - OUT & ABOUT - ALAN KNOWSLEY LE­GAL MAT­TERS

Ev­ery em­ployee has some min­i­mum stan­dards of em­ploy­ment which em­ploy­ers must meet.

Em­ploy­ees have en­ti­tle­ments such as the right to min­i­mum hourly pay, four weeks paid an­nual leave, sick and be­reave­ment leave, com­pen­sa­tion for work­ing on pub­lic hol­i­days, cer­tain break en­ti­tle­ments, parental leave, and to be con­sulted over re­dun­dancy.

If you think your min­i­mum stan­dards of em­ploy­ment are be­ing breached, you should first talk to your em­ployer. You never know, it may just be a sim­ple mis­take.

How­ever, if your em­ployer de­nies hav­ing breached your rights, you can make a com­plaint to a Labour In­spec­tor at the Min­istry of Busi­ness, In­no­va­tion and Em­ploy­ment.

A com­plaint to a Labour In­spec­tor does not need to be made by the af­fected em­ployee but can be made on their be­half by a friend, fam­ily mem­ber, or lawyer.

The Labour In­spec­tor will carry out an in­ves­ti­ga­tion and if they con­clude that there has been a breach of min­i­mum con­di­tions of em­ploy­ment, the Labour In­spec­tor will at­tempt to re­solve the mat­ter by re­quir­ing your em­ployer to make an en­force­able un­der­tak­ing.

An en­force­able un­der­tak­ing is an agree­ment made by the em­ployer to rec­tify any breaches, and to pay em­ploy­ees any money owed, or to take any other ac­tion that the Labour In­spec­tor de­ter­mines is ap­pro­pri­ate.

If an em­ployer re­fuses to en­ter into an en­force­able un­der­tak­ing, the Labour In­spec­tor may is­sue an Im­prove­ment No­tice.

An Im­prove­ment No­tice re­quires an em­ployer to com­ply with the pro­vi­sion that they are in breach of.

If an em­ployer ig­nores or fails to com­ply with an Im­prove­ment No­tice, the Labour In­spec­tor can ap­ply to the Em­ploy­ment Re­la­tions Au­thor­ity for an or­der that the em­ployer com­ply with the terms of the Im­prove­ment No­tice.

The ERA may also is­sue the em­ployer with a penalty.

Fail­ure to com­ply with the or­der, or to pay the penalty, may re­sult in the Labour In­spec­tor fil­ing pro­ceed­ings with the

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