Introduction to Employers
 

Employment Relations Consultants Limited is an Auckland based company which specialises in employment law with a focus on dispute resolution. Situated in Greenlane, Auckland, the company provides representation for employers who find themselves facing personal grievance claims or similar. Employment Relations Consultants covers all aspects of the grievance process including direct resolution, mediation, the Employment Relations Authority and the Employment Court .

Many of the company’s employer clients are smaller business operators who find that the knowledge of employment law required to properly defend such actions places them out of their depth.

Other clients are medium to large businesses who simply find that the distraction of such matters is better delegated to an independent operator who can objectively approach the matter and resolve the issue with as little fuss as possible. [While they get on with the more important task of running the business]

Employment Relations Consultants began as a representative of employees and used the experience gained to recognise and develop strategic defences for employers with a view to limiting the exposure of risk. By performing a full “risk assessment” at every step of the dispute resolution process, Employment Relations Consultants will ensure that the cost to the employer is minimised. This can be achieved in a variety of ways, not the least of which is skilful negotiation at an early stage. Indeed the company’s employee portfolio has a success rate of some [est.] 85% of disputes settled without the need for mediation or other time consuming and thus costly formal forums.

Continually updating legislation means that the average small business owner cannot keep abreast of the legal obligations of an employer. The end result of that means that actions taken by the employer, particularly in the case of a dismissal, despite seeming to be logical, can be a violation of the employee’s rights and leave the employer open to a compensation claim under the Employment Relations Act 2000. Employment Relations Consultants offers a full consultative service for the disciplinary process.

It should be noted however that despite the best endeavours of the employer to meet the requirements of legislation or case law a personal grievance may still be lodged. [see What is a personal grievance? ]

As a result of the combined years of the company’s advocates’ experience, the company has also developed employment contracts for many individual positions. The company can assist in the preparation of a contract specifically designed for the position you have in mind and in most instances can accommodate aspects which may have proven troublesome in the past. We can also perform an analysis of your current employment contracts to determine where contracts may be out of date. A considerable amount of legislative changes have been made since the Employments Relations Act 2000 and many employers have failed to keep abreast of that. Many contracts we have analysed in the past have been found to contain clauses which are carelessly worded leading to ambiguity and, in some cases, clauses which are actually unlawful.

 

 
 

 

 

 

 

 

 

 

 

 

What is a personal Grievance?

Section 103 of the Employment Relations Act 2000 defines a personal grievance as “……any grievance that an employee may have against the employee’s employer of former employer because of a claim –

(a) 
That the employee has been unjustifiably dismissed; or
(b)
That the employee’s employment, or 1 or more conditions of the employee’s employment (including any condition that survives termination of the employment) is or are or was (during employment that has since been terminated) affected to the employee’s disadvantage by some unjustifiable action by the employer; or
(c)
That the employee has been discriminated against in the employee's employment; or
(d)
That the employee has been sexually harassed in the employee's employment; or
(e)  
That the employee has been racially harassed in the employee's employment; or
(f)
That the employee has been subject to duress in the employee's employment in relation to membership or non-membership of a union or employees organisation”
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