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Exit Packages

When an employment relationship has broken down, an exit package is often used to end the employment contract. They can be initiated by either the employer or the employee.

Exit Packages are attractive to both employer and employee.

Exit Packages allow the employer to bring the employment relationship to an end quickly, easily and without a lot of delay and expense.

There are many reasons for an employee to need to leave a job. Sometimes it’s the arrival of a new CEO who wants to place their ‘own people’ in pivotal roles. Suddenly responsibilities change, new middle managers appear, and employees find themselves doing the same job but with less status. Alternatively, an employer may genuinely need to restructure a business, resulting in redundancies, or the business may be in trouble and the employee is able to see the writing on the wall.

Sometimes you can tell you are no longer wanted or needed through no fault of your own. An Exit Package is a much more attractive option than simply resigning.

Whatever the reason it’s always best to make a dignified exit.

Many problematic employment relationships do not end by dismissal or resignation, but through the negotiation of an Exit Package.

The perception comes from dissatisfaction in the workplace for the employee, performance issues for the employer and most often when a disciplinary meeting takes place. An exit package is attractive to both parties when the employment relationship has no real future.  

Typically, such a package will contain some financial benefit for the employee and possibly a reference. The employer can have the assurance that any grievances or claims arising out of the employment relationship (existing or yet to be raised) are at an end.

Our advocates can recognise the opportunity for an exit package and negotiate the best possible package in the circumstances. It is always best to engage our advocates at an early stage so that this strategy can be considered and prepared together, making for the best outcome.

If you need help negotiating an exit package with your employer give us as much information as possible below or call us on 0800 669 466.

What is an exit package?

An exit package is when both the employer and employee come to a mutual agreement for the employment agreement to come to an end quickly and without a lot of delay or expense.

Typically, an exit package will contain some type of financial benefit for the employee, sometimes including a reference.

We can assist with ensuring the process is dealt with on a professional level and the agreed terms will be recorded in a record of settlement.

What does an exit package cost?

The cost of an exit package will depend on the length of time it takes to reach the final decision between employee and employer.

We can usually get your fees paid for by the employer, this is part of the negotiation process.

From Our Clients

Thousands of employees and employers have trusted us us to help with their employment issues, here are reviews from a handful of them.

Jenifer is honest and professional.

20/06/2024

Jenifer is a professional lawyer and kept us informed about the processes, what to expect and how it all works with raising a grievance. We liked that she is honest and gave us info straight up so we could make well-informed decisions. I would highly recommend Jenifer to anyone who needs assistance with employment issues. Thanks!

Sarah W.
Verified

Thank you for being one of the catalysts for positive change

17/06/2024

I am deeply grateful for Kam. She helped me through a vulnerable employment situation with a not-so-easy-to-deal-with employer while I was in an incredibly disheveled state. From the moment I first spoke to her over the phone, she put me at ease and reassured me that everything was going to be okay; and right she was. This woman represented me from start to finish, got the desired outcome, and did not waiver once throughout the ordeal no matter how difficult it got.

Kam, I cannot thank you enough for your empathy, expertise, professionalism, and support at a time when my anxiety was sky-high. If you are looking for an exceptional employment lawyer, look no further than Kam Bailey!

Journee
Verified

Sandy solved my problem in just one meeting.

13/06/2024

What an amazing person and absolutely professional person I met as sandy ward … there is no doubt why people believe her so much … she made me so confident and relax in my stress journey when I was having work issue, in just one meeting she solve all matters by her amazing performance… I can say she is not only experience advocate but amazing person who holding human kind values

C
Verified

 

CONTACT US FOR A FREE CASE EVALUATION
LET’S GET LEGAL

Statistics prove that legal representation improves your chance of a successful outcome. Don’t hesitate, you have nothing to lose by having a free chat with one of our experts.

You can Call us or Email Us using the phone number or the form below. 

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Free Employment Law Advice

You need employment law advice

Empower yourself with expert advice and make informed decisions, ensuring a fair outcome.

Employment law is there to protect the vulnerable – at least in theory.

Unfortunately, your employer may lack an understanding of employment laws or intentionally engage in unfair treatment. Reliable advice plays a pivotal role, particularly when you may have a legitimate claim to compensation.

We often offer free employment law advice as part of your initial consultation. Our team of employment law professionals is here to provide you with the support and guidance you need to navigate the complexities of employment law.

We are dedicated to helping you understand your rights and options under NZ Employment Law.

Trust in our expertise and phone or email us for your free consultation today to receive a free case assessment.

free employment law advice

Free employment law advice:

Our free initial consultation is designed to provide you with the guidance and reassurance you need to navigate the complexities of employment law and avoid potential pitfalls. Take advantage of this opportunity to position yourself for success and gain valuable insights into your rights and obligations. Trust our expertise to help you make informed decisions and protect your interests in the workplace.

If you are the victim of unfair treatment at work you need advice from an employment lawyer or employment advocate. At Work Law, No Win No Fee Employment Law, we understand the importance of having access to quality legal advice and representation, regardless of your financial situation. Our team of experienced employment law professionals is dedicated to providing affordable and reliable legal support to those in need. From personal grievance situations to disciplinary meetings and employment law advice, we are here to guide you through every step of the process. Don’t let financial constraints hold you back from receiving the legal assistance you deserve. Contact us today for free employment law advice to discuss your case and discover how we can help.

Employment Relations Act 2000, the Act that provides the basic framework for employment relationships in New Zealand. Every  employee is protected by the law.

The Act Promotes mediation as the first step when resolving employment relationship problems.

You might feel intimidated and out of your depth dealing with employment law.  Work Law Ltd is here to help.  Our experienced employment advocates can provide you with expert advice and employment law services. Best of all, our services are available on a no win no fee basis, ensuring you can access legal advice with no financial worries.  

Take the first step towards resolving your employment law concerns and reach out to us today.

Our first consultations are free, and we offer them without commitment or obligation.

CONTACT US FOR A FREE CASE EVALUATION

Get peace of mind

Statistics prove that legal representation improves your chance of a successful outcome. Don’t hesitate, you have nothing to lose by having a free chat with one of our experts.

You can Call us or Email Us using the phone number or the form below. 

CONTACT FORM

What our clients are saying

Jenifer is honest and professional.

20/06/2024

Jenifer is a professional lawyer and kept us informed about the processes, what to expect and how it all works with raising a grievance. We liked that she is honest and gave us info straight up so we could make well-informed decisions. I would highly recommend Jenifer to anyone who needs assistance with employment issues. Thanks!

Sarah W.
Verified

Thank you for being one of the catalysts for positive change

17/06/2024

I am deeply grateful for Kam. She helped me through a vulnerable employment situation with a not-so-easy-to-deal-with employer while I was in an incredibly disheveled state. From the moment I first spoke to her over the phone, she put me at ease and reassured me that everything was going to be okay; and right she was. This woman represented me from start to finish, got the desired outcome, and did not waiver once throughout the ordeal no matter how difficult it got.

Kam, I cannot thank you enough for your empathy, expertise, professionalism, and support at a time when my anxiety was sky-high. If you are looking for an exceptional employment lawyer, look no further than Kam Bailey!

Journee
Verified

Bullying and harassment

If your workplace has become unsafe because of bullying and harassment by your bosses or co-workers you can do something about it.

Please watch the video above where Kate explains exactly what to do if you are being bullied at work. 

Bullying and harassment can take many forms including abuse, overload of work, and unreasonable expectations in performance of duties. You should approach your immediate superior in the first instance to complain and see if the problem can be fixed. If after several such requests the problem is not fixed you can take a grievance.

You may raise a personal grievance under different statutes depending on the nature of the bullying or harassment. We can help you at the outset to try and resolve your problem and we can help you with your grievance and subsequent progress towards a solution.

Bullying is hard to prove. Just because you feel bullied it doesn’t mean you have a case, but just because it is hard to prove it doesn’t mean you don’t.

What Workplace Bullying IS:

  • Repeated and unreasonable behaviour directed towards a worker that can lead to physical or psychological harm.
  • Repeated behaviour occurs more than once and can involve a range of actions over time.
  • Unreasonable behaviour means actions that a reasonable person in the same circumstances would see as unreasonable. It includes victimising, humiliating, intimidating or threatening a person.
  • Bullying may also include harassment (including sexual harassment), discrimination or violence.

What is NOT Workplace Bullying:

  • One-off or occasional instances of forgetfulness, rudeness or tactlessness.
  • Setting high performance standards.
  • Constructive feedback and legitimate advice or peer review.
  • A manager requiring reasonable verbal or written work instructions to be carried out.
  • Warning or disciplining workers in line with the business’ or undertaking’s code of conduct.
  • A single incident of unreasonable behaviour.
  • Reasonable management actions delivered in a reasonable way.
  • Differences in opinion or personality clashes that do not escalate into bullying, harassment or violence.

We must be able to prove that the bully caused harm and also intended to cause harm on more than one occasion.

You will be expected to have kept records of the incidents and to have told someone else, preferably management.

 

Bullying FAQ

Am I being bullied?

A lot of behaviour by our boss or colleagues may feel like bullying.  A lot of this “bullying” could also be described as unpleasant behaviour, this can cause a lot of stress and even anxiety but it might not be bullying.

Bullying is:

  • Repeated
  • Unreasonable, including: humiliating, intimidating or threatening a person
  • Harassment, discrimination or violence

Bullying is not:

  • Occasional rudeness or one off incidents of unreasonable behaviour
  • High performance standards
  • Constructive feedback or advice
  • Requests for extra work to be done\Warning or disciplining workers according to the code of conduct
  • An argument or difference of opinion (as long as it doesn’t become aggressive)

 

What do i do if i am being bullied at work?

You should find out if there are any workplace policies or processes for reporting bullying and follow these. There may be specific and trained people in your workplace who know how to deal with these issues in a sensitive way.

If there is no set process or procedure you should do the following:

Make a note every time something happens. Notes should record dates and times, and what was said or done, who was there, and how it made you feel.

You will then need to make your employer aware of the situation
Ideally you would raise the issue in writing.

Who do I raise it with?
It depends on who is bullying you. If it is another employee, you should first raise the matter with your manager or supervisor, or the next level of management if the offender is your manager.

If the person who is bullying you is the Owner of the company, or the manager and there is nobody else to tell you can call us on 0800NOWINNOFEE and we will advise you or assist you.

What should happen after I report that I am being bullied?

After receiving your complaint the business should:

  • Support you and the person you have complained about
  • Decide on a plan for investigation, including possibly suspending the person who is being investigated
  • Give guidance on how to continue to work with the person
  • Report back to you about the steps that have been taken

I reported the bullying and now things are much worse! What do I do now?

Sadly this is what sometimes happens.  You have done the right thing by reporting the issues because that makes it easier for us to help you.  Give us a call as soon as possible and tell us what’s happening and we will try to help.

If you want to know what the risks of not dealing with bullying in the workplace quickly are you should listen to this podcast: 

Bullying Formal Complaint Form

If the bullying is not an immediate threat to your health and you know your employer is not yet aware of the situation you can use this form to raise a formal complaint:

Work Safe NZ have forms you can complete to give to your manager, or to your HR department.  This is to make sure your employer is aware of the bullying situation, and gives them the opportunity to respond.  These complaint forms have been provided for workers to report bullying or other upsetting behaviour to their businesses. The assessment form can assess how well your business prevents and responds to bullying. Click here for the Work Safe forms.

Read reviews from people just like you who we have helped with their employment disputes.

 

Jenifer is honest and professional.

20/06/2024

Jenifer is a professional lawyer and kept us informed about the processes, what to expect and how it all works with raising a grievance. We liked that she is honest and gave us info straight up so we could make well-informed decisions. I would highly recommend Jenifer to anyone who needs assistance with employment issues. Thanks!

Sarah W.
Verified

Thank you for being one of the catalysts for positive change

17/06/2024

I am deeply grateful for Kam. She helped me through a vulnerable employment situation with a not-so-easy-to-deal-with employer while I was in an incredibly disheveled state. From the moment I first spoke to her over the phone, she put me at ease and reassured me that everything was going to be okay; and right she was. This woman represented me from start to finish, got the desired outcome, and did not waiver once throughout the ordeal no matter how difficult it got.

Kam, I cannot thank you enough for your empathy, expertise, professionalism, and support at a time when my anxiety was sky-high. If you are looking for an exceptional employment lawyer, look no further than Kam Bailey!

Journee
Verified

Sandy solved my problem in just one meeting.

13/06/2024

What an amazing person and absolutely professional person I met as sandy ward … there is no doubt why people believe her so much … she made me so confident and relax in my stress journey when I was having work issue, in just one meeting she solve all matters by her amazing performance… I can say she is not only experience advocate but amazing person who holding human kind values

C
Verified

CONTACT US FOR A FREE CASE EVALUATION
LET’S GET LEGAL

Statistics prove that legal representation improves your chance of a successful outcome. Don’t hesitate, you have nothing to lose by having a free chat with one of our experts.

During Covid-19, while businesses are closed, please contact us via our webform. We will call or email you back between 9-5 weekdays.

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Disciplinary meeting? What to expect

What is a disciplinary meeting at work?

A disciplinary meeting is an opportunity for you to explain your version of the events that have led to an investigation of misconduct at work.  There should be a good reason for a disciplinary meeting and the process of the disciplinary action should follow what is outlined in your employment agreement or your workplace’s policies.

What happens at a disciplinary meeting?

Before the meeting, your employer should give you a letter explaining what the disciplinary meeting is for. If the outcome of the disciplinary meeting could be that you lose your job it should say that in the letter. You should have time to find an employment lawyer or employment advocate to get legal advice, and you should be aware that you can bring a support person. At the meeting, you will be given an opportunity to explain your side of the story. Your support person, employment lawyer or employment advocate can speak on your behalf.  You will be able to provide evidence to support your side of the story.  Your employer should carefully consider your responses before making any decision. The outcome should not be pre-decided. Click here for more info on what to expect at a disciplinary meeting.

What to say at a disciplinary hearing

A disciplinary meeting or hearing is your opportunity to put your side of the story forward.  You should be told before the meeting what the problem your employer wishes to discuss is. It’s a good idea to prepare your responses in writing. You can ask your support person to speak for you. If you have any questions about what you are accused of doing you can ask them. You can ask to see the evidence or witness statements. You can provide your own evidence or witness statements to show your side of the story. Remain polite and calm.

Disciplinary meetings can be unpleasant, but they should be done right…

Our simple guide will talk you through all the things you should expect to see when going through a disciplinary process. We have included some handy tips and tricks throughout (should you find yourself at the pointy end of the disciplinary process).

If it’s a “formal” disciplinary process – what should you expect your employer to do?

1. To start the disciplinary process you should receive an invitation to a disciplinary meeting letter which clearly outlines the following things:

  • What concerns will be addressed;
  • What supporting “evidence” they have in relation to those concerns (and this should be provided to you);
  • The date, time, and location of the disciplinary meeting;
  • Who else will be attending the disciplinary meeting;
  • That you can bring a support person/representative to the disciplinary meeting; and
  • What the potential outcomes of the disciplinary process might be (eg written warning/termination of employment)?

It might also let you know that the organisation has an EAP (Employee Assistance Provider – counsellors etc) and advise that if you want to you can seek assistance from them in relation to the process.

** If you don’t get a letter or if it doesn’t contain the things outlined above, you can (and should) request this information from your employer. You can refuse to attend a disciplinary meeting until they have given you all of this information.

*** If you’re bringing a support person / representative / employment lawyer or employment advocate to your meeting and they’re not available, you can ask for another date so that your person can attend the meeting. An employer must entertain a “reasonable” delay (but reasonable = a couple of days / up to a week).

**** Sometimes it’s helpful to review your organisation’s disciplinary policy/process document. If your organisation doesn’t have one your organisation should ensure that its process meets natural justice and good faith obligations.

2. During the meeting your employer should do the following:

  • Take minutes/notes of the disciplinary meeting (you should also take your own notes);
  • Provide you with a copy of the notes once the disciplinary meeting is concluded;
  • Talk through each of the points raised in the invitation to disciplinary meeting letter and provide any supporting evidence;
  • Give you an opportunity to provide a response on each of the concerns raised/supporting evidence (and if there’s a lot of information it might be reasonable for you to take it away to consider before providing a response);
    * Not ask you to respond to allegations or concerns that aren’t outlined in the invitation to disciplinary meeting letter;
    * Follow the process that’s outlined in the organisation’s disciplinary policy/process;
    * Talk you through the potential outcomes of the process and give you an opportunity to respond;
    * Genuinely consider the information that you provide in your response;
    * Take an adjournment prior to making any decision; and
    * Not have any pre-written decision letters which they give to you at the first disciplinary meeting.

** It’s recommended that either you (or your support person) take notes, as this becomes your record of the conversation. These may become important if there is a dispute that arises around the content of the meeting. If it’s just you, and you want to record the meeting, make sure you ask your employer if they’re ok with a recording of the meeting being made.

*** Be honest! There’s nothing worse than being caught in a lie. If it becomes clear that you may have been dishonest, your employer can reissue the invitation to the meeting letter and include an allegation of dishonesty (which is considered by most organisations to constitute serious misconduct and can be the basis for a claim (by your employer) that the inherent trust in the employment relationship is broken – opening the door to the termination of your employment).

**** In some instances (where the issues are minor) it may be appropriate for your employer to provide an outcome after they have taken an adjournment within the same meeting. For more serious matters (or where the organisation is considering a final written warning or termination of employment) it would be expected that they take an overnight adjournment.

***** The outcome that you receive from this process should match one of the potential outcomes indicated on the invitation to meeting letter. If your outcome is different to what was indicated (you get a final written warning but the letter says up to a written warning) you should raise this with your employer immediately.

3. Following the meeting your employer should:

  • Supply you with an outcome letter that outlines the meeting process, the discussions that were had, and the things that were considered by the organisation prior to making their decision;
  • Identify what happens next (especially if there’s something in addition – like extra monitoring or reviews) and specify when those things will happen;
  • Keep the process and the outcome confidential (no one who wasn’t involved in the process should know that it was going on) – you need to keep it confidential too; and
  • Ideally, they should tell you that the matter is now closed and that everyone is moving forward from this point.

What should you do?

  • Be honest
  • Remember that you want to maintain your employment relationship – this was an organisation you wanted to work for and want to (ideally) keep working for!
  • If you don’t have all the information you need to provide a full response – ask for it
  • If there’s anything you don’t understand – ask for clarification
  • If you can, take a support person (e.g. an employment lawyer, employment advocate or friend or family member) – when you’re in the middle of a disciplinary process it can be difficult to think straight and make the best decisions.
  •  There’s nothing wrong in asking for help – talk to a trusted friend or family member, or call Work Law and speak to an employment advocate for advice.

Work Law provides representation services for disciplinary meetings at an hourly rate – call 0800 669 466 and our employment advocates can talk through your issue and work out the right solution for you.

Need some pro tips about how to approach a disciplinary meeting?

Watch our helpful explainer video for some expert advice.

What our clients are saying

Jenifer is honest and professional.

20/06/2024

Jenifer is a professional lawyer and kept us informed about the processes, what to expect and how it all works with raising a grievance. We liked that she is honest and gave us info straight up so we could make well-informed decisions. I would highly recommend Jenifer to anyone who needs assistance with employment issues. Thanks!

Sarah W.
Verified

CONTACT US FOR A FREE CASE EVALUATION
You can trust us to listen

Statistics prove that legal representation for employees  by an employment lawyer or employment law advocate improves your chance of a successful outcome.

You have nothing to lose by having a free consultation with an Employment Law Advocate.

You can email us using the form below.   When you receive the automated reply to your email please reply and attach any correspondence you have received from your employer. 

How do I raise a Personal Grievance?

Personal Grievance

A Personal Grievance is a formal complaint an employee can raise against their employer or previous employer, within 90 days of an issue arising.

If you are facing a disadvantage in the workplace we can work with you to evaluate the evidence and advise you if it is appropriate to raise a personal grievance. We can negotiate on your behalf to achieve a fair resolution.

 

personal grievance

There are formal steps to follow to raise a Personal Grievance

Prior to formally raising a Personal Grievance you must first bring the issue to the attention of your employer within 90 days.  If an employer is not aware of an issue it’s difficult to hold them accountable.   It is best to raise the issue in writing, via email or a letter and you should give your Employer a reasonable amount of time to respond (you can ask for a response within 3 days for example).  If you’re not satisfied with their response, you can request your employer attends a mediation with you.  If that fails, you can take your grievance to the Employment Relations Authority.

Raising a Personal Grievance is a formal process.  It is best to raise your Personal Grievance in writing.  The issue will need to be stated clearly, along with details of your attempts to resolve the issue.  Dates and records of responses are important.    We can raise a personal grievance on your behalf. Email us or call us on 0800669466 

If you think you have grounds for raising a personal grievance but you are not sure, and If you would like us to review your issue for free and see how we can help you please complete the following contact form to be put in touch with an expert employment advocate in your area.

Contact us:

Frequently Asked Questions about No-Win-No-Fee employment law

FAQ

Discrimination in the workplace

What is considered as discrimination in the workplace?

The law protects you from discrimination in the workplace.

Do you think you are experiencing workplace discrimination? We can help you on the following grounds;
  • colour
  • race
  • ethnic or national origins
  • sex (including pregnancy or childbirth)
  • marital or family status
  • age
  • disability
  • religious or ethical belief
  • political opinion
  • employment status
  • sexual orientation
  • involvement in union activities, which includes claiming or helping others to claim a benefit under an employment agreement, or taking or intending to take employment relations education leave.
These grounds are the same as the grounds in the Human Rights Act. In some circumstances, different treatment of employees on these grounds is acceptable. If you believe your employer is discriminating against you on one or more of the prohibited grounds listed above – it is important to seek assistance at an early stage. Our company can provide representation to ensure that your rights are upheld.

Health & Safety

Can you be fired for refusing to work in unsafe conditions?

You cannot legally be dismissed for refusing to work under unsafe working conditions. We suggest raising the concern with your employer in writing if you feel the conditions are unsafe for work. If you are being disciplined, punished or dismissed for refusing to work in unsafe conditions or for raising an issue with your employer you can contact us for advice.

If you have concerns for your own safety or the safety of others we urge you to contact WorkSafe New Zealand.

fired

What do I do if I have been dismissed?

  1. Contact Us When you email us you will receive a confirmation email. Reply to that email with a full timeline of events, and attach any letters you have received from your employer.  If you have been unfairly dismissed we can help you.
  2. If you have just been fired or dismissed and you have no secured future income there are a few steps that you should take immediately to reduce your stress both financially and emotionally. If you have no money in the bank, ring the bank and stop all automatic payments, if there is no money in the bank you could incur fees.
  3. Contact the people that these payments go to and explain your situation.
  4. Contact your landlord and explain your situation.
  5. Book an appointment with your doctor if you are extremely distressed or have any symptoms such as; Difficulty sleeping, anxiety, depression, panic attacks, etc. Please get a letter from your doctor explaining what you have visited him for, this will be added to your case file and will become part of your stress and distress claim.
  6. Contact Work and Income NZ, the sooner you register for unemployment benefits, the sooner you will be eligible for payment. If we achieve compensation for unfair dismissal we will usually settle under a tax-free and tax-exempt section of the act, this will not, in this case, have any effect on your benefit.
  7. Cancel any unnecessary luxuries that will get you further into debt.
  8. Keep any evidence of attempts to look for work, loss of earnings can only be claimed (Unless you are unwell) if you have been actively looking for work.
  9. Contact friends or family for support to help get you through.
  10. Exercise even if you don’t feel like it, you will feel better and exercise will help you think more clearly.

About Us

What’s no win no fee?

No Win No Fee literally means if we don’t win you don’t pay a fee. When you have lost your job or are faced with the prospect of losing your job because of a situation that has arisen with your employer it’s the least likely time you will be able to afford a lawyer.

If there are occasions that we will charge you an hourly rate we will let you know.  For example, If we need to attend your disciplinary meeting if you are wanting to save your job we do charge a meeting fee of $300+gst per hour.

No Win No Fee is not Free

If we accept your case on a no win no fee basis, and if we are successful in winning you a financial outcome there will be fees payable, either by your employer or by yourself as a percentage of the settlement.

 

What happens if you lose a no win no fee case?

If you lose you will not have to pay a fee. Because we don’t get paid for our time and efforts if we don’t win we don’t take on a case if we don’t think it will be successful.

Are you employment lawyers?

All our Employment Advocates are Employment Law specialists. Some have Law Degrees and some come from an HR background.  All are experts in Employment Law.

What is an employment advocate?

An Employment Advocate is like an Employment Lawyer.

We are legal and human resources experts who know employment law like the back of our hands.

We can defend you in your workplace and all the way to the employment court if necessary.

Employment Advocates either hold law degrees or HR qualifications.  Our Advocates are ALL specialists in Employment Law.  We are fully equipped to help with any Employment Relationship Problem you are facing.

Are you funded?

No we are not funded  

We are careful what cases we do which is why we give a free consultation over the phone as our first point of contact.  We carefully consider the facts before we agree to take your case on a no win no fee basis.  Sometimes we need to charge an hourly rate but we always let you know straight away whether it is no-win-no-fee or hourly rate so there won’t be any surprises.  Most of the time we can get your employer to contribute to your costs, and what we can’t get your employer to cover we take as a percentage of what we win for you. More details on our fees page.

Bullying

Am I being bullied?

A lot of behaviour by our boss or colleagues may feel like bullying.  A lot of this “bullying” could also be described as unpleasant behaviour, this can cause a lot of stress and even anxiety but it might not be bullying.

Bullying is:

  • Repeated
  • Unreasonable, including: humiliating, intimidating or threatening a person
  • Harassment, discrimination or violence

Bullying is not:

  • Occasional rudeness or one off incidents of unreasonable behaviour
  • High performance standards
  • Constructive feedback or advice
  • Requests for extra work to be done\Warning or disciplining workers according to the code of conduct
  • An argument or difference of opinion (as long as it doesn’t become aggressive)

 

What do i do if i am being bullied at work?

You should find out if there are any workplace policies or processes for reporting bullying and follow these. There may be specific and trained people in your workplace who know how to deal with these issues in a sensitive way.

If there is no set process or procedure you should do the following:

Make a note every time something happens. Notes should record dates and times, and what was said or done, who was there, and how it made you feel.

You will then need to make your employer aware of the situation
Ideally you would raise the issue in writing.

Who do I raise it with?
It depends on who is bullying you. If it is another employee, you should first raise the matter with your manager or supervisor, or the next level of management if the offender is your manager.

If the person who is bullying you is the Owner of the company, or the manager and there is nobody else to tell you can call us on 0800NOWINNOFEE and we will advise you or assist you.

What should happen after I report that I am being bullied?

After receiving your complaint the business should:

  • Support you and the person you have complained about
  • Decide on a plan for investigation, including possibly suspending the person who is being investigated
  • Give guidance on how to continue to work with the person
  • Report back to you about the steps that have been taken

I reported the bullying and now things are much worse! What do I do now?

Sadly this is what sometimes happens.  You have done the right thing by reporting the issues because that makes it easier for us to help you.  Give us a call as soon as possible and tell us what’s happening and we will try to help.

No Win No Fee

Reasons to consider No Win No Fee

You can be assured that No Win No Fee Lawyers or Advocates will be putting in the work to ensure your case is successful because if you are not successful, they will not be paid for any of the time spent on your case.

The team at Work Law have an excellent reputation in the employment law community, along with a genuine interest in helping their clients get a fair outcome.

Is No Win No Fee a con?

No, No Win No Fee is not a con.  Some employment lawyers speak badly of employment law advocates.  As in most industries, some employment advocates are cowboys and opportunists. Some are unprofessional and can harm your case by being too arrogant or aggressive.  It is important to shop around, read reviews and look for recommendations.  We are in direct competition with employment lawyers.  Employment lawyers want you to use them because they charge an hourly rate, which can really add up. Employment lawyers say it’s unethical to charge a percentage of a settlement. A New Zealand employment lawyer who holds a current practising certificate is prohibited from charging a percentage.  As with employment lawyers, our Advocates are qualified to practise employment law, many holding law degrees and HR qualifications. Wherever possible, we have your employer contribute to the costs. More often than not, we get our entire fees paid by your employer, so we don’t take a percentage of your win at all.

What do I do if I have been dismissed?

  1. Contact Us When you email us you will receive a confirmation email. Reply to that email with a full timeline of events, and attach any letters you have received from your employer.  If you have been unfairly dismissed we can help you.
  2. If you have just been fired or dismissed and you have no secured future income there are a few steps that you should take immediately to reduce your stress both financially and emotionally. If you have no money in the bank, ring the bank and stop all automatic payments, if there is no money in the bank you could incur fees.
  3. Contact the people that these payments go to and explain your situation.
  4. Contact your landlord and explain your situation.
  5. Book an appointment with your doctor if you are extremely distressed or have any symptoms such as; Difficulty sleeping, anxiety, depression, panic attacks, etc. Please get a letter from your doctor explaining what you have visited him for, this will be added to your case file and will become part of your stress and distress claim.
  6. Contact Work and Income NZ, the sooner you register for unemployment benefits, the sooner you will be eligible for payment. If we achieve compensation for unfair dismissal we will usually settle under a tax-free and tax-exempt section of the act, this will not, in this case, have any effect on your benefit.
  7. Cancel any unnecessary luxuries that will get you further into debt.
  8. Keep any evidence of attempts to look for work, loss of earnings can only be claimed (Unless you are unwell) if you have been actively looking for work.
  9. Contact friends or family for support to help get you through.
  10. Exercise even if you don’t feel like it, you will feel better and exercise will help you think more clearly.

Are no win no fee lawyers good?

Employment Lawyers usually charge an hourly rate, so they get paid whether they are successful or not. You can be sure Employment Advocates who offer their services as no win no fee will be putting in the work to ensure your case is a success because their fee only gets paid if they are successful.

What’s no win no fee?

No Win No Fee literally means if we don’t win you don’t pay a fee. When you have lost your job or are faced with the prospect of losing your job because of a situation that has arisen with your employer it’s the least likely time you will be able to afford a lawyer.

If there are occasions that we will charge you an hourly rate we will let you know.  For example, If we need to attend your disciplinary meeting if you are wanting to save your job we do charge a meeting fee of $300+gst per hour.

No Win No Fee is not Free

If we accept your case on a no win no fee basis, and if we are successful in winning you a financial outcome there will be fees payable, either by your employer or by yourself as a percentage of the settlement.

 

What happens if you lose a no win no fee case?

If you lose you will not have to pay a fee. Because we don’t get paid for our time and efforts if we don’t win we don’t take on a case if we don’t think it will be successful.

Personal Grievance

What is a personal grievance?

A personal grievance is when an employee brings a formal complaint against their current or former employer.  An employee has 90 days to raise a personal grievance.
To raise a personal grievance after the 90 days there would need to be exceptional circumstances.

What qualifies as a grievance?

Employees can bring a personal grievance for the following complaints:

  • Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90 day trial period)
  • Discrimination
  • Sexual harassment
  • Age discrimination
  • Racial harassment
  • Constructive Dismissal or Forced Resignation
  • Bullying where the employee has raised the issue and not received a response or adequate action
  • Restructuring causing redundancy without correct process
  • Disadvantage to an employee due to the employment agreement not meeting legal requirements for:
    • agreed hours of work
    • availability provisions
    • reasonable notice periods to be given before cancellation of a shift
    • reasonable compensation to be paid if a shift is cancelled
    • secondary employment provisions.
  • Unfair treatment of an employee who has lawfully refused work
  • Where an employer forces or persuades an employee not to perform a function, exercise a power or undertake a role under the Health and Safety at Work Act 2015
  • Where an employer compels a shop employee to work on Easter Sunday or treats a shop employee adversely because they refuse to work on Easter Sunday.

How do I raise a personal grievance?

If possible you should first discuss the problem with your employer.  Your employer should be aware there is an issue and be given an opportunity to fix it.  You should communicate the issue in writing and ask for a response within a set time frame, eg 3 days.

You should clearly describe the issues and the events that have led to the problem.  You should provide details and names and dates of who was present when there was a problem.  Email the letter to your employer and keep a copy.

If the employer is unwilling or unable to resolve the issue you can request a mediation. It’s helpful to seek legal advice from an employment lawyer or employment advocate at this stage.

90 day trial period

What’s the difference between a trial period and a probationary period?

There are big differences between a trial period and a probationary period.  The most important difference is that an employee cannot be dismissed for no reason when on a probation period.

Is the 90 day trial period still valid in NZ?

Yes. Previously, 90-day trial periods only applied to employers with fewer than 20 employees. This provision has been extended and is available to all employers.

Any employer can provide a new employee with an offer of employment which includes a trial period. A trial period must be agreed to by the employer and employee in writing, and in good faith, before the employee starts work, as part of an employment agreement. see: trial period.

Can you extend a trial period?

No, you cannot extend a trial period beyond what was stated in your employment contract.

Does the first 90 days include weekends?

Yes if your trial is for 90 days weekend days are counted as part of the 90 days.

If your trial is for 90 days you can find out your end date using this calculator:

What is a 90 day trial period?

A 90 day trial period is a clause an employer may put in your employment contract which, when used correctly, enables the employer to take on a new employee on a trial basis for a period of 90 days.  If, for any reason, the employment relationship does not work out within the first 90 days the employer may end the employment relationship without the risk of the employee raising a personal grievance.

Watch our simple explainer video on ‘What is a 90 Day Trial’

I have been dismissed with no notice on my trial period, is that fair?

There should be a clause in your employment agreement which states how much notice you will be given if you are dismissed during your trial. In general this means that if the employer wants you to leave straight away (rather than working through your notice period), then they must pay you for the notice period.

The notice period for your trial period can be different from the notice period once you are finished the trial period, as long as the notice period for the trial is specified in the employment agreement. If the notice is not specified for the trial then your employer should adhere to the notice period in the employment contract.

If you are confused about your notice period, or have been dismissed on the spot without any notice you can call us free to find out if there is a case for unfair dismissal.

What are the employment law rules for a 90 day trial period?

If the 90 day trial clause is not used correctly, an employer may be shocked to find out that the employee can still raise a personal grievance or claim unfair dismissal despite the 90 day trial clause being present in the employment contract.

A trial period can be less than 90 days
We refer to the 90 day trial clause, but the number of days can be less than 90 days, and the exact number of days must be specified on the employment agreement.

The 90 day trial clause may be invalid if:

  • You were not informed in writing that your employment contract contained a 90 day trial period before you started work. Or if you signed the employment agreement after you had already started work (even by a few hours)
  • You have previously worked for the employer
  • You were not advised that you had the right to seek independent legal advice or given time to seek advice before signing the contract

The clause didn’t include the correct wording of the Employment Relations Act 2000 Section 67A :

67A When employment agreement may contain a provision for a trial period for 90 days or less

How much notice do I have to give if I leave my job during my 90 day trial?

Every employment agreement requires that the parties give each other notice to end the relationship.

The notice you give should be the same as the notice that your employer would have to give you according to the trial period clause in your agreement. As the employee you also should act in good faith.  If you are unhappy in your new job we would encourage you to have a conversation with your employer.  If you leave without giving the notice period that is set out in your employment agreement the employer may deduct wages in lieu of notice. In the event that the employer suffers a financial loss as a result of you failing to give notice the employer may take action in the Employment Relations Authority to recover those losses and to seek a penalty.    If you find yourself in the position of wanting to leave and are unable or unwilling to give notice you should seek legal advice from an employment lawyer or advocate.   It’s free to call us to discuss your situation with us.

Exit Package

What is an exit package?

An exit package is when both the employer and employee come to a mutual agreement for the employment agreement to come to an end quickly and without a lot of delay or expense.

Typically, an exit package will contain some type of financial benefit for the employee, sometimes including a reference.

We can assist with ensuring the process is dealt with on a professional level and the agreed terms will be recorded in a record of settlement.

What does an exit package cost?

The cost of an exit package will depend on the length of time it takes to reach the final decision between employee and employer.

We can usually get your fees paid for by the employer, this is part of the negotiation process.

Redundancy

What does redundancy mean?

To be made redundant from your job position means that your position is no longer needed in the company. Redundancy is a type of dismissal. This may be due to a company re-structure or shifts in the economy or job industry.

 

What am I entitled to?

Throughout the redundancy process as an employee, you are entitled to seek legal advice, negotiate and provide feedback to the employer.

It is important that you have read and fully understood your employment agreement. Your notice period will be outlined in this agreement along with information regarding final pays. Generally, an employee will be paid our their annual leave once the redundancy has been finalised.

What is the redundancy process?

Your employer must notify you in writing that your position may be up for redundancy. You should be supplied with a letter/notice of redundancy that asks you to attend a meeting with your employer.

The employer must explain the situation to you and give you adequate time to process the news, seek legal advice and provide feedback. Feedback can be where the employee offers a reduction in hours, pay or other factors of your role. Although this may not save your job, it is a good chance to negotiate your redundancy in the case these offers change anything on the employers’ end.

Once you (the employee) has had the opportunity to provide feedback and seek legal advice the decision now sits with the employer. You will receive confirmation of your redundancy and you will start working out your notice period (check your employment agreement).

Dismissal

What do I do if I have been dismissed?

  1. Contact Us When you email us you will receive a confirmation email. Reply to that email with a full timeline of events, and attach any letters you have received from your employer.  If you have been unfairly dismissed we can help you.
  2. If you have just been fired or dismissed and you have no secured future income there are a few steps that you should take immediately to reduce your stress both financially and emotionally. If you have no money in the bank, ring the bank and stop all automatic payments, if there is no money in the bank you could incur fees.
  3. Contact the people that these payments go to and explain your situation.
  4. Contact your landlord and explain your situation.
  5. Book an appointment with your doctor if you are extremely distressed or have any symptoms such as; Difficulty sleeping, anxiety, depression, panic attacks, etc. Please get a letter from your doctor explaining what you have visited him for, this will be added to your case file and will become part of your stress and distress claim.
  6. Contact Work and Income NZ, the sooner you register for unemployment benefits, the sooner you will be eligible for payment. If we achieve compensation for unfair dismissal we will usually settle under a tax-free and tax-exempt section of the act, this will not, in this case, have any effect on your benefit.
  7. Cancel any unnecessary luxuries that will get you further into debt.
  8. Keep any evidence of attempts to look for work, loss of earnings can only be claimed (Unless you are unwell) if you have been actively looking for work.
  9. Contact friends or family for support to help get you through.
  10. Exercise even if you don’t feel like it, you will feel better and exercise will help you think more clearly.

What do you do if you’re fired or unfairly dismissed?

It is important that you seek legal advice if you believe that you have been fired or unfairly dismissed. You have up to 90 calendar days to act on the situation including raising a personal grievance. You must take these steps as soon as you have been notified that you are being fired or dismissed.

You must read and fully understand your employment agreement. Being aware of your rights is the first key step in knowing what you can and cannot do about being fired or dismissed from your position.

Read more information about how we can help with unfair dismissal here: https://nowinnofee.co.nz/unfair-dismissal/

What is an unjustified dismissal?

Unjustified dismissal, or unfair dismissal is when an employee is dismissed from their job in a harsh, unjust or unreasonable manner.

Disciplinary Meeting

What is a disciplinary meeting at work?

A disciplinary meeting is an opportunity for you to explain your version of the events that have led to an investigation of misconduct at work.  There should be a good reason for a disciplinary meeting and the process of the disciplinary action should follow what is outlined in your employment agreement or your workplace’s policies.

What happens at a disciplinary meeting?

Before the meeting, your employer should give you a letter explaining what the disciplinary meeting is for. If the outcome of the disciplinary meeting could be that you lose your job it should say that in the letter. You should have time to find an employment lawyer or employment advocate to get legal advice, and you should be aware that you can bring a support person. At the meeting, you will be given an opportunity to explain your side of the story. Your support person, employment lawyer or employment advocate can speak on your behalf.  You will be able to provide evidence to support your side of the story.  Your employer should carefully consider your responses before making any decision. The outcome should not be pre-decided. Click here for more info on what to expect at a disciplinary meeting.

What to say at a disciplinary hearing

A disciplinary meeting or hearing is your opportunity to put your side of the story forward.  You should be told before the meeting what the problem your employer wishes to discuss is. It’s a good idea to prepare your responses in writing. You can ask your support person to speak for you. If you have any questions about what you are accused of doing you can ask them. You can ask to see the evidence or witness statements. You can provide your own evidence or witness statements to show your side of the story. Remain polite and calm.

What clients say about us

Jenifer is honest and professional.

20/06/2024

Jenifer is a professional lawyer and kept us informed about the processes, what to expect and how it all works with raising a grievance. We liked that she is honest and gave us info straight up so we could make well-informed decisions. I would highly recommend Jenifer to anyone who needs assistance with employment issues. Thanks!

Sarah W.
Verified

Thank you for being one of the catalysts for positive change

17/06/2024

I am deeply grateful for Kam. She helped me through a vulnerable employment situation with a not-so-easy-to-deal-with employer while I was in an incredibly disheveled state. From the moment I first spoke to her over the phone, she put me at ease and reassured me that everything was going to be okay; and right she was. This woman represented me from start to finish, got the desired outcome, and did not waiver once throughout the ordeal no matter how difficult it got.

Kam, I cannot thank you enough for your empathy, expertise, professionalism, and support at a time when my anxiety was sky-high. If you are looking for an exceptional employment lawyer, look no further than Kam Bailey!

Journee
Verified

What our clients are saying

Jenifer is honest and professional.

20/06/2024

Jenifer is a professional lawyer and kept us informed about the processes, what to expect and how it all works with raising a grievance. We liked that she is honest and gave us info straight up so we could make well-informed decisions. I would highly recommend Jenifer to anyone who needs assistance with employment issues. Thanks!

Sarah W.
Verified

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