November newsletter
Where Employers are going wrong
Many calls from distressed employers reveal they have taken an action that’s hard to defend. Attempts by employers at being nice to an employee who is guilty of misconduct or poor performance is admirable but can be costly. Callers (employers) reveal they prefer to end the employment relationship ‘softly’. ‘Softly’ to some, involves taking the employee aside for a ‘quiet word’. The employer explains to the employee that “rather than have a dismissal on record -I’ll give you the chance to resign” they say. The employee now really has few choices. He or she can resign or be dismissed. It’s called constructive dismissal and attracts the biggest awards if proven by the employee. Please don’t. Simply follow the course of natural justice:
- Everyone has the right to be heard
- The right to representation at the hearing
- The right to know what the allegations are – who is making them and what the evidence is (so they can defend the allegations).
- The right to know a worst possible outcome as a result of the hearing
For a comprehensive explanation from the Bill Of Rights Act 1990 click here. If you don’t have time then please get advice before taking any action at all. (09) 447 1527 – this will save you a fortune and significant stress.
Other employers prove the guilt of the employee and tell them so prior to the hearing. This is “pre-determination” and also attracts heavy penalties.
This is because the employee had no chance of telling their side. And there are always two sides.
But the classic that seems to escape most employers is confusion between ‘justification’ and ‘being procedurally correct’. There are two parts to a dismissal and employers need to have both parts right or they will pay heavily. Make sure your actions are justified then follow a course of Natural Justice - act within the law - be fair regardless of the justification. Taking a suspect from the murder scene to the gallows is less than smart.
Telephone Invoices Can Attract Travel Dollars
Employers Assistance Ltd has completed a negotiation with a company called M2 Telecommunications in Albany and our clients can now get up to 15% of their telephone spend in Travel Dollars. M2 will match your existing calling rates and a Travel Dollar is a NZ dollar. There are very attractive benefits - free holidays.
For more information on this either phone M2 on 0800 462 666 or visit them online by clicking here.
New insolvency laws will create havoc with your debtor’s ledger. SEMINAR
- Dramatic changes to New Zealand’s Insolvency laws came into force on the first of November.
- These changes will have a big impact on the debt collection industry in New Zealand.
- They tilt the playing field in favour of creditors.
- To gain advantage of these changes you need to be informed.
- Employers Assistance Ltd became aware Waterstone Insolvency in association with Gaze Burt lawyers are running a seminar telling business owners where the traps are, what to do about it and how to do it. You need to protect yourself & your business.
- Waterstone’s are running three seminars on Thursday 22nd November at the North Harbour Stadium in Albany, Fujifilm Lounge at 10.30 a.m., 2.30 p.m. and 5.30 p.m.
- Just $75.00 gains you access to this top quality, professional presentation.
Simply click here to register
Please don’t miss this opportunity - send someone – the risks aren’t worth it. This is not our (Employers Assistance Ltd) seminar but we are grateful we can point our clients to it.
Personal Property Securities Act 1999 (PPSA)
One of the first cases to consider the Personal Property Securities Act 1999 (PPSA) has recently come back before the courts... read more >>
Employment Contract
The Christchurch Casino has been made to pay for a mistake it made in preparing an employment contract...read more >>
The Employment Relations (Flexible Working Arrangements) Amendment Bill is expected to be passed before Parliament’s Christmas recess...read more >>
Pharmacy Retailing (NZ) Ltd v Takarua
RECOVERY OF MONIES...read more >> |