Employment Law

By Lawyers is pleased to announce the publication of our new Employment Guide.

The guide provides a matter plan, full commentary, and precedents to assist practitioners in handling employment law matters. It covers all aspects of employment relationships, from formation to termination, including the parties’ obligations, whistleblower protections, redundancies, and employment disputes.

The precedents include standard correspondence between parties, various employment agreements, an independent contractor agreement, and a settlement agreement.

Employment contracts

The commentary discusses the different types of employment relationships and agreements in the context of the overarching statutory duty of good faith that applies to parties when establishing and maintaining an employment relationship.

The mandatory and usual terms of employment agreements are discussed in detail with reference to the relevant sections of legislation including:

• 90-day trial periods;
• probationary periods;
• hours of work; and
• restraints of trade.

The commentary also provides an overview of employee pay and benefit entitlements, including minimum wage, KiwiSaver, breaks, holidays, leave, and flexible working arrangements.

Precedents on the matter plan for employment agreements include:

• Letter to employee with offer of employment;
• Standard employment agreement;
• Fixed term employment agreement;
• Casual employment agreement;
• Independent contractor agreement; and
• Letters varying employment agreements. 

Health and Safety

The commentary deals with the requirements of the Health and Safety at Work Act 2015, including unlawful discrimination, harassment, and bullying, including steps that employees can take to challenge unlawful behaviour.

Termination

The various ways an employment relationship can end, with the legal requirements and consequences, are set out in the commentary dealing with:

• dismissal;
• resignation;
• abandonment;
• fixed term contract expiry; and

Statutory protections

Statutory employee protection provisions are discussed. Precedents are available covering disciplinary and dismissal processes for:

• misconduct;
• poor performance; and

Employment disputes

The guide includes commentary and precedents dealing with personal grievances and dispute procedures, including:

• how to raise a personal grievance;
• available alternative dispute resolution processes;
• applications to the Employment Relations Authority; and
• challenges in court.

The remedies for personal grievances, including the likely financial outcomes of claims and the factors that are considered by the Employment Relations Authority or the court are discussed.

Whistleblowers

The commentary addresses how to make and respond to protected disclosures and the protections available to whistleblowers.

Related guides

The Employment Law publication complements the Practice Management Publication which includes the 101 Staff Handbook.

LEAP CPD Club

Employment disputes are the topic for the free CPD session presented by LEAP and By Lawyers in April, featuring the primary author of the new Employment Law guide, Mark Donovan.