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Don’t Be Pushed Out Of Your Job Due To Your Age

Employment Law

Age Discrimination

You are protected from age discrimination by the law, and it’s important for you to understand it.

 

It is no secret in a society that is obsessed with physical appearance, employees fight a battle to stay relevant as they reach middle age.

In the workplace, that can result in being passed over for promotions, marginalised, and pushed out to make room for younger employees. Age related assumptions create the perception that older workers are less relevant, while the opposite is often true.

While age discrimination is illegal, in practice it’s difficult to prove. Your employer cannot force you to stop working because of your age. If they do, you could file a personal grievance against them.

In New Zealand, nearly one in three workers is already over 55.

NZ Super and some other pensions start at age 65 but there is no official retirement age in New Zealand. There are a few jobs with exceptions where you may not be able to keep working after a specific age. They include:

  • jobs where being a particular age or in a particular age group is genuinely needed for you to do the job —
    for example, an actor who needs to be a certain age for a role
  • domestic employment in a private household, such as a cleaner or a gardener
  • occupations where the retirement age is written into law — for example, judges and coroners
  • some crew of ships and aircraft employed by foreign-owned companies that are operating in New Zealand
  • your employment contract was signed before April 1992 and that contract specified your retirement age, and you agreed with your employer in writing to confirm or change your retirement age.

If you are being managed out of your position, made redundant or subjected to talks of restructuring, or feel you are being bullied into resigning the burden of proof would be with you. Knowing your rights helps you to stand in power. If you are let go and you suspect your age is a factor, we can help you negotiate a better settlement.

While it may be perfectly okay for colleagues to ask you if you have retirement plans it could also raise a red flag. If you are on the receiving end of snide remarks or ‘digs’ mentioning your age, or suggestions that you should retire start taking notes, who said what and who was there.

So If you find yourself subject to talks of restructure or suddenly under the microscope and you start to worry that this could be a sign that you manager or employer may be looking for ways to terminate your employment it would be a good idea to contact us for some free advise or assistance.

Call us on 0800 669 466 or complete our webform:

 

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. 

Reviews and Testimonials

Employment Law

No Win No Fee, reviews

Thousands of Kiwis trust Work Law with their employment law problems

At Work Law we actively promote trust & transparency online by continuously soliciting reviews about our services from our clients.

Here’s what our clients have been saying lately:

 

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
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. 

Probationary Period

Employment Law

A probationary period is different from a trial period.

A probationary period may be used to trial an employee in a new position within the same company. This gives the employee a chance to prove they have the skills or can learn the skills for the new position. The probation period should be for an agreed length of time.

A probationary employee still has to be paid and receives all the benefits that a permanent employee would get, and the probation period must be set out in the employment agreement if you have an existing employment agreement it should be updated to include the probationary period.

The probation period can sometimes be longer than 90 days, but only if that is reasonable and agreed to. During the probation period, you should be made aware of what is expected to perform the job satisfactorily and you should be monitored and receive feedback.

If there are any problems during the probation period your employer must still follow the correct disciplinary process that is laid out in your employment agreement.

In the case, you have been on a probationary period and have been dismissed at the end of it give us a call so we can check that everything has been done fairly and correctly. If the correct procedure has not been followed we can raise a personal grievance for you.

 

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
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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. 

Phone Now 0800669466

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What did Harvey do?

Employment Law

Harvey Weinstein

He did what people in power have done for centuries. He used and exploited those who worked for him and those who wanted to work for him, to serve his own need.

He harassed, he bullied, he coerced and then he threatened anyone who dared to challenge his behaviour.

The result for Harvey Weinstein has been life-changing. There is not a person in the developed world who doesn’t know what it is alleged that he has done. The reputational damage caused by this scandal will be long-lasting and potentially indefinite. Needless to say, life for that Harvey, will never be the same.

If only the repercussions in the New Zealand employment world for bullying in the workplace were so public, so easy to verify (the strength in the Weinstein case was the number of women who came forward with the same claims) and the justice so swift.

Unfortunately, it’s not, and the burden of proof in organisational bullying and/or harassment cases often rests with the employee who (we recognise) is starting from a position of trauma (with the good faith in their organisational relationship in tatters), and who must then try to construct a join-the-dots of what happened, of who said what and when.
Thankfully, the shining light in the workplace bullying landscape is WorkSafe who have ensured that employees and employers are finally getting better “bullying in the workplace” resources.
WorkSafe NZ has developed a “bullying in the workplace toolbox”  and includes a checklist of behaviour and action examples which can help individuals identify whether the experiences they are having in their workplace, might be considered bullying.
WorkSafe has also helped to define what bullying is (repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm).
They have also defined repeated behaviour (occurs more than once) and can involve a range of actions over time) and unreasonable behaviour (including victimising, humiliating, intimidating or threatening a person).
For a bullying claim to have any chance of success, an employee must show that the behaviour they experienced meets these criteria. The more specific the examples and details, the greater the likelihood of success.
A question we may pose in this situation is “what is the worst thing your organisation has done to you?” as the starting point in our conversation with you about your experiences at work. This is not to say that there is always a “worst thing” and we recognise that your experience might be a lot of little things repeated over time.
What we do understand and what we focus on, is how these actions make you feel.

Employee claims of organisational bullying are not easy. They are difficult for both employees and employers.

The initial conversations can often be difficult and emotional and this is where our advocates can lend their support and expertise.
The process may not be straightforward and can vary depending upon individual circumstances, but our advocates can talk you through the steps of the process and the types of outcomes you may expect.

Our employment advocates are more than happy to talk through your situation and identify what we can do to help and support you.

One final thought about the Weinstein scandal and the saddest part for me, is the number of people who knew what was going on and stood idly by. Bullying within organisations can be the same, and the chances are, that if you are being bullied at work, that you are not the only one.
You may not be the recipient of bullying behaviour, but if you know someone that is, will you also stand idly by?

 

If you think you’re being bullied or are concerned about a situation you have in your workplace, it costs nothing to have an initial conversation with our employment advocates, please get in touch on 0800 no win no fee (0800669466) or complete the contact form below and we’ll talk soon.

Unfair Dismissal – You’re fired!

Employment Law

Unfair Dismissal

Unfair dismissal occurs when an employee is let go without a valid legal justification or a proper formal procedure.

Good Reason and Fair Process are the golden rules for dismissal.

If your termination process has not been handled correctly or the grounds for your dismissal are not reasonable, you are entitled to address your concerns with your employer through a personal grievance.

Employers have the opportunity to navigate the employment process with a reasonable level of flexibility. While minor errors may not render the entire process unfair, fairness ultimately depends on the circumstances. It is important to adhere to relevant provisions outlined in the employment agreement and workplace policies and processes. In cases where clear guidance is lacking, the fairness test becomes: what actions could a fair and reasonable employer have taken given the circumstances?

Ensuring a fair process and valid reasons for dismissal is crucial, and if you believe you have been unfairly dismissed, seeking advice from an Employment lawyer or Employment Advocate can help you navigate the complexities and safeguard your rights for a fair outcome.

If your employer dismissed you without a good reason you may have a claim unfair dismissal.

 

 

unfair dismissal

Have you been fired without process? You may have a claim for compensation for unfair dismissal.

Fired, or Dismissed on the Spot?

This occurrence  gives rise to significant concerns about potential unfair dismissal and encroachment on the employee’s rights and protection under NZ employment laws.

If your boss fires or sacks you without warning, unless your misconduct is severe, you are likely to have a case. We can talk to your employer about a financial settlement or represent you at mediation.

  • Good Reason and Fair Process are the foundations of the dismissal process under New Zealand Employment Law.
  • Any relevant provisions in the employment agreement must be followed.
  • If an employment agreement does not have a notice period, then reasonable notice must be given.

Have you been unfairly dismissed?

What is unfair dismissal depends on the circumstances.

The employer should investigate any allegations of misconduct thoroughly and without prejudice. Unless there has been misconduct so serious that it warrants summary dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve.

Employees have the right to be told what the problem is and that dismissal or other disciplinary action is a possibility, and they must then be given a genuine opportunity to tell their side of the story before the employer decides what to do, they also have the right to be supported by an employment lawyer, employment advocate or other support person, and should be given enough time to organise their support and prepare for the meeting.

If an employee is dismissed, he or she has the right to ask the employer for a written statement of the reasons for dismissal. This request can be made up to 60 days after they find out about the dismissal. The employer must provide the written statement within 14 days of such a request. If the employer fails to provide this written statement, the employee may consequently be able to raise a grievance after the required 90 day limitation period.

Because we only get paid if we win your case, we need to be selective about the cases we take on.  It’s absolutely free to call us and discuss your situation.  A free and confidential discussion will usually help you decide on your next move and clarify whether or not you have a solid case.

Can an unfair dismissal be reversed?

For employees who have found to be unfairly dismissed. Reinstatement means the employee gets their previous job back. Reinstatement may be considered as an option. 
If reinstatement or other remedies could be an option for you, we can help you consider this range of possibilities.
note: Fees may apply if there is no financial compensation.

Please Note: If you were violent or very abusive in the workplace, an employer is very likely to be justified in firing you and asking you to leave immediately, and it is unlikely we will be unable to assist.

If you think you have a case for unjustifiable dismissal contact us using our contact form, giving us as much information as possible and one of our Advocates will be in touch.

 

Employment Advocates for unfair dismissals

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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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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

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

90 Day Trial Period

Employment Law

If you have been dismissed during your 90 day trial and you want to know if it’s legal or fair give us a call. We will check it for you.

The Trial Period is not an automatic right of employers, it must be done correctly:

If an employer wants to hire someone for a trial period it must be set out in writing (usually as a clause in the employment agreement).  The employment contract must be signed by both parties before the employee begins working for the employer. If the employer decides to dismiss the employee they must give notice of dismissal to the employee before the end of the trial period: (even if the dismissal does not actually happen until after the trial period ends). An employee working on a trial period is entitled to the usual minimum employment rights e.g. to be paid for work they have done, sick leave, paid public holidays.

When the trial period finishes unless the employee has been dismissed they become a permanent member of staff.

90 Day Trial Rules

  • The worker must be a new employee. 
  • There must be a written employment agreement that contains a trial period clause.
  • The trial period clause must comply with the requirements of the Employment Relations Act 2000.
  • The agreement should state an official start date for a 90-day trial period. 
  • The employment agreement must be signed by the worker before they start work.
    If the worker starts at 9 am and their agreement is signed at 9.05 am on the same day, the trial is invalid.
  • The worker must have had time to get independent legal advice on the employment agreement.
  • If required notice under the trial period must be given within the 90 days.

I’m employed under a 90 day trial period. Can my employer fire me within 90 days even if I haven’t done anything wrong?

As long as the employer gives you notice of dismissal within the trial period they can dismiss you without consulting with you beforehand and for any reason. You can not bring a personal grievance against the employer in relation to the dismissal.  But, you can bring a personal grievance claim based on other grounds such as discrimination, harassment, or to recover unpaid wages.

Aside from the employer’s ability to dismiss you you should not be treated any differently from any other employee.

If the trial period isn’t going well and the employer decides to dismiss the employee, they must give notice to the employee that they will be dismissed.

The notice:

  • must be the amount of notice in the employment agreement. If the employer doesn’t give the employee the right amount of notice then the trial period is invalid and the employee will continue to be employed (or if they were dismissed, they could bring a personal grievance for unjustified dismissal). For example, the employer can’t tell the employee that they are dismissed effective immediately if there is a 1 week notice period in their employment agreement.
  • must be given within the trial period, even if the actual dismissal takes effect after the trial period ends. For example, if the trial period is 8 calendar weeks and the notice period is 1 week, the employer must give notice to the employee before the end of the eighth week, even though the employee won’t leave until the end of their notice period.
  • doesn’t have to have reasons for the employee’s dismissal.

As long as all the 90-day trial rules are followed the employer is not required to give reasons for the dismissal.

 

Check your employment agreement to confirm there is a trial period clause.

Unless it’s in writing and signed by both employer and employee before the employee starts, the trial period isn’t valid.

 

If you are an Employee and have been dismissed under the 90 day trial period and you are not sure it’s fair contact us and we will check your rights. You will need to send us your employment agreement and any correspondence 

sources: Citizens Advice Bureau, stuff.co.nz,

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.

Frequently Asked Questions about Trials

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

See the latest legislation on 90 day trials.

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.

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. 

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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