Employment Law

It seems that certain aspects of employment law change with every change of government.  There appears to be a cycle where some changes benefit an employer, then later changes benefit an employee.  

Changes sometimes benefit both, by providing greater clarity to the law, but that often happens only when what a Court has decided brings about a change to the Employment Relations Act 2000.

It can be difficult to keep up to date with the changes if you do not seek out advice on what is the current situation.  For example, we have seen a number of employment agreements recently that contain a provision which requires an employee to see a doctor of the employer’s choice if asked to do so, with very harsh consequences for refusing.  

While that may have been acceptable sometime in the past, if you google “can my employer make me see their doctor”, you will find that such terms are no longer acceptable.

We keep up to date and can help both employers and employees.

Employment Law Services Bruce Scott Muller Law can help you with

  • Employment Agreements
  • Leave and Holidays
  • Workplace Policies
  • Workplace Safety
  • Employment Problems
  • Ending Employment

Employment Agreements

Generally, there are two kinds.  A collective agreement for employees who join a union and individual agreements for employees that are not in a union.  

Of the individual kind, they are either full-time or part-time permanent, casual on call or fixed term. All of these agreements must have certain minimum terms.

Leave and Holidays

Regardless of the type of employment agreement in place, an employee will accrue an entitlement to annual leave and obtain certain rights in respect of holidays such as New Years’ Day and ANZAC Day amongst others, as well as a lawful entitlement to paid parental leave.

It is essential to correctly record how these entitlements are calculated and or paid.

Workplace Policies

These tend to cover a broad range of matters concerning procedures, codes, rules and guidelines.  

Individual employment agreements often include a reference to a requirement to comply with “The House Rules” which is not contained within the agreement but is available to view in an office.  

Just because something is in the Rules does not make it lawful. These Rules should be reviewed from time to time.

Workplace Safety

Keeping a workplace safe is essential.  Some hazards are easy to see and can be fenced off with a sign posted to record the known hazards.  

Other hazards such as workplace stress may be easily overlooked in a “work-hard” environment. However, left unchecked, stress can further lead to anxiety and depression, which may cause further problems for all concerned

Employment Problems

Examples of such problems include instances of misconduct, bullying, harassment, incompatibility or incompetency, or other behaviour that does not appear to be socially acceptable in a fair society.  

It is important if such a problem appears to exist, that it is identified quickly and dealt with according to the appropriate workplace policy.

Ending Employment

There are countless factual circumstances which may bring about the end of an employment relationship.  

However, the one thing that they all share is that if an employee is leaving against their will, the employer is bound by the legal requirement to act fairly and follow appropriate correct procedure for bringing that employment relationship to an end.

Contact Bruce Scott Muller Law For Personal Quality Employment Law Services

For friendly and sympathetic advice from an experienced lawyer get in touch with Bruce Scott Muller Law to arrange a consultation and to discuss your requirements.  Give us a call now, or send us a message and we will get back to you as soon as possible.

Bruce Scott Muller Law

One of the oldest established law firms in Auckland's Eastern Suburbs. Located in Ellerslie, and serving a wide area including Pakuranga, Manukau, East Tamaki, Mount Wellington, Mangere, Ellerslie, Remuera and beyond.

A law firm that's big enough to meet your legal requirements, but small enough to care!

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