Employment Relations


Is there a time limit for raising a personal grievance?

Yes. If you believe that one of the below grounds applies to you, it’s vital that you take action quickly: you have 90 days from the date the grievance arose or came to your notice to raise the grievance with your employer. If you don’t do this within the 90 days, the employer doesn’t have to consider the grievance and you cannot take your grievance to the Employment Relations Authority.

We will provide expert advice on raising a personal grievance with your employer. The personal grievance process is available for a specific set of grounds:

  • Unjustified dismissal.
  • Unjustified disadvantage.
  • Discrimination.
  • Sexual harassment
  • Racial harassment
  • Redundancies.

  • Duress” – that is, pressure from the employer about union membership or union activity
  • A breach of your rights around agreed hours, availability clauses, cancellation of shifts, or restrictions on other (“secondary”) employment.
  • Retaliation against you because of a health and safety dispute.
  • 90 day trials.

Human Resources


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The biggest mistake employers make is error in he process of disciplinary action. We can provide:

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  • Legal Representation
  • Redundancy
  • Employment Law Compliance
  • Employment Agreements and Policies
  • Health and Safety Law Compliance
  • Stress in the Workplace
  • Employment Relations Authority and Employment Court Representation
  • Personal Grievances management and procedures
  • Restructuring and Business Sales
  • Restraints of Trade and Protection of Confidential Information

We will provide:

  •  A permanent or casual employment agreement
  • A job description template
  • A code of conduct
  • Essential HR  policies  (Health & Safety, Workplace Bullying and Harassment, Social Media, , Flexible work arrangements, Leave.
  • A straight-forward selection & recruitment system and A practical induction process

Health & Safety


The Health and Safety at Work Act 2015: now requires effective methods for identifying existing and potential hazards & regularly assessing the hazards.

Systematic process to manage hazards in the workplace

 

  • Consistent across the organisation or industry
  • Process to review hazards and assess controls
  • Compliance with Worksafe legislation & ACC requirements
  • Tools provided:
  • Identification; assessment of risks; control
  • “A PCBU, in managing risks to health and safety, must identify hazards that could give rise to reasonably foreseeable risks to health and safety”.

 

 

The four underlying principles in determining a reasonable and practical approach are:

 

Foreseeability

Is it foreseeable that a person could be injured or at risk of injury as a consequenceof the hazards and workplace activities?

Causation

Is there evidence of causative factors that could result in a person being injured or at risk of injury?

Preventable

Is it possible to take reasonable action(s) to prevent a person being injured or at risk of injury?

Reasonableness

Is it reasonable to take preventable action(s) based on reasonable demands on the people and organisations responsible, this includes financial and physical requirements.

 

Barristers & Solicitors

Dr Michael Kidd

09 836 2562

http://www.kiddlegal.com

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Contact Us


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Visit Our Office

Address: David Tilson LLB/BA Employment Advocate

Phone: 022 367 8963

Landline: 09 845 2579

Email: David@Nowinnocost.nz

Business Hours

Mon. - Fri. 8am to 5pm

Sat. 8am to 11am

Sun. Closed

 




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