Employment Agreements

ERC can draft an industry and task specific agreement tailored to your business.  We can advise on the legality of proposed inclusions to any agreement. We can advise how any conditions of employment might be structured.  We can assist with advice on structuring bonuses where required. We can advise on industry standards.

While the majority of the information pertinent to your business and the position in question will come from you, the general terms and conditions of employment are well defined in our agreements.  After some fifteen years of providing these agreements, by regularly updating to reflect legislative changes and improving the agreements as situations arise requiring change, we reckon we’ve got it right for you.

Operating Policies

Following full consultation, we can provide businesses with a full range of policies and procedures including a broad overview of Health and Safety.  

These can also be linked back to your employment agreements

Often, we can incorporate detailed company policy into an “Employee Handbook”

We often find that the development of these policies can also aid the Employer in understanding their obligations to the employment relationship.

Restructuring, Redundancies and Disciplinary Processes and Exit Packages

We can advise and assist with all processes in these areas.  Our involvement can range from providing support and guidance usually with customised communication, to handling the entire process for you.  

Most of our clients prefer us to be involved in a more “hands on” fashion but there are instances where a lighter touch might be required and we respect that.

The processes for this category are well defined. Adherence to these processes is critical to any claims which could arise.

Situations which could arise include (but are not limited to) performance issues, behavioural issues, harassment and/or bullying allegations, medical incapacity.

Restructuring can come about for many reasons including financial or efficiency reasons.  Automation or the sale of the business could also have an effect.  We can advise the Employer’sobligations under the sale, purchase or outsourcing of a business.

Legal Defences

As Employment Law Specialists, ERC can represent you in any legal forum.  These services are usually only required when a personal grievance is raised and the Employerrequires support and representation.  

There may be occasions where we are asked to raise (or defend) a claim of a breach of restraint of trade.

Defence of personal grievances can vary in merit and demand.   Most employers do not have the time or capacity to fight something on principle so our advice is given primarily (but not exclusively) on the basis of merit and costs(including ours).  We will always provide аn opinion for a pragmatic approach to resolution based on those costs for the employer’s consideration.

Our legal representation extends to mediation, The Employment Relations Authority and the New Zealand Employment Court.

Labour Inspectorate Enquiries

If you are being audited or otherwise investigated by the Labour Inspectorate, we can assist with guidance on response, ensuring correct documentation is provided and with submissions in the final analysis.  We have handled a number of such cases with successful outcomes.

Independent Workplace Investigations

Often, when a complaint is brought forward, there is a requirement for an employer to bring in a third party (Independent) investigator to determine if there are substantiated allegations to answer.

Independent workplace Investigators are required to be licensed under the Private Security Personnel and Private Investigators Act 2010.

Mark Nutsford of ERC is a Licensed Private Investigator (PSPLA20-077137) and has 10 years experience in conducting Independent Workplace investigations.