Articles
Employee's Page
Thinking about changing jobs?
Every employee is entitled to be provided with a copy of the proposed Individual Employment Agreement before starting a new job. An employer must also give a prospective employee an opportunity to seek independent legal advice. An Employment Agreement must be signed before the employee starts work. It is important to ensure that the terms of an Employment Agreement are not unduly harsh or oppressive. Provisions such as restraints of trade and provisions dealing with redundancy can have serious implications on an employee upon termination of employment. For example, although it is not obligatory for an Employment Agreement to provide for payment of compensation for redundancy nevertheless, all Employment Agreements must contain “Employment Protection Provisions” to ensure that before an employer’s business may be restructured, a fair process of consultation is followed.
If you are being asked to sign an Employment Agreement, seek advice first.
Constructive dismissal - are you being pressured to resign?
Sometimes you may feel that your employer wants you to leave or is trying to get rid of you. There are three main ways that an employer can constructively dismiss an employee. These are asking you to leave, acting in a manner which is designed to force you to leave, or breaching a fundamental term of your Employment Agreement and in doing so irreparably damaging the relationship of trust and confidence. Constructive dismissal forms the basis of a personal grievance for unjustified dismissal. However, it can be very difficult to establish. Before your workplace gets too much for you, seek advice.
Does your employer want to get rid of you?
Some employers seem to think that if they want to get rid of an employee they can do so under the guise of redundancy. It is now more important than ever to examine whether a redundancy is genuine or not. It is equally important to ensure that even if a genuine need exists, your employer acts as a good employer and follows the correct procedure. Some employers restructure on paper without actually altering either the roles or the lines of communication. Motive can also be an important consideration. If you know that your employer is just using redundancy as an excuse to get rid of you, there are remedies available to you. Seek advice.
Have you been unjustifiably dismissed?
If you have been dismissed without good cause or if your employer has failed to follow a fair process leading up to the decision to dismiss then you may well have a remedy available in the form of a personal grievance. Deciding whether to bring a personal grievance is not always easy. Our team at Buchanan Gray is here to help you but remember, if you are going to bring a personal grievance you have a period of 90 days in which to do so. This runs from the date on which the facts giving rise to the grievance arose.
Have you been disadvantaged lately?
If you have, examine how it came about. Has your employer unilaterally altered the terms of your employment or the conditions under which you work, to your disadvantage? Have you been treated unfairly by your employer? If you have been unjustifiably disadvantaged by some wrongful act on the part of your employer you may well have a personal grievance for which you can claim redress. Seek advice.
Did you know that no-one may unilaterally alter important terms of an Employment Agreement?
Significant variations to your Employment Agreement should be made only after consultation and only where agreed by both parties. Ideally, all variations which are agreed should be recorded in writing and signed by both parties. A letter informing you of the change is not enough unless you agree. If in doubt, obtain legal advice.
Are you being harassed and/or discriminated against?
If you are being harassed or discriminated against in your employment you may have redress under either the Human Rights Act or the Employment Relations Act 2000, but not both. Discrimination has the same definition in both Acts. Prohibited grounds of discrimination are: sex (including pregnancy and childbirth), marital status, religious belief, ethical belief, colour, race, ethnic or national origins, age, political opinion, employment status, family status, and sexual orientation. The decision as to which Act you bring a claim under may depend on a number of factors including the desired outcome, the time frame involved and the likely cost. If you have been subjected to harassment and/or discrimination contact Russell Buchanan on (04 472 8269) or by email for confidential advice.