EMPLOYMENT

Employment Agreements

Employment relationships must be covered by a written Employment Agreement.  While there are standard terms and conditions to include, your agreement should be as unique as your business.   It pays to get the advice of a professional to ensure your agreement is tailor-made to the special features of your business and fully compliant with the law.   Appropriate terms drafted at the outset of your employment relationship can help to prevent problems later on. 

Restraints of Trade

Whether you want to draft a restraint of trade, enforce one or are trying to get around an unduly onerous restraint, you need to get sound advice.  Our team can assist you to draft robust and enforceable provisions for the protection of your business, and take enforcement steps where necessary. 

Personal Grievances

Whether raising or responding to a personal grievance, we can help. Employees have 90 days from the date a problem arises or in some cases the date they become aware of it to raise a personal grievance.  Grounds for a personal grievance include unjustified dismissal, unjustified disadvantage, harassment, discrimination and unfair treatment.  If you think that any of these circumstances may apply to you, or if an employee has raised any of these concerns with you, contact us.

It is important you get clear advice on your legal position to give you a strong position in the mediation or negotiation which will follow.

Redundancy & Restructuring

When undergoing redundancy or restructuring processes, an employer must follow a process that is fair, reasonable and genuine.  This involves many specific steps which must be taken.  If the process is not followed properly, the employee or employees involved will be able to raise a personal grievance.

If you need to restructure or are considering redundancies, we can assist to talk you through the process.  

Employee / Contractor Disputes 

Employee / contractor disputes can be tricky to resolve and are extremely fact dependent.   We can assist to look at your arrangement and provide an opinion on whether the relationship is one of employment or contractor / principal.   This will involve an assessment of the agreement in place, tax arrangements, the degree of control and integration into the business, and how the relationship operates in practice.    If the relationship is one of employment, the employer must comply with minimum standards such as minimum wage, holiday pay and specified misconduct and dismissal procedures.   If the arrangement is contractual only, both parties are still bound by general legal contractual principles and the terms of the specific agreement. 

Disputes

We are experienced in all manner of litigation, mediation, Labour Inspector claims, and dispute resolution.   We can represent you in negotiation, mediation, the Employment Relations Authority or Employment Court.