Auckland Employment Lawyers to Employees – A Guide to Legal Support and Advocacy for Employees
Introduction
In the current economic climate, employees in Auckland increasingly need advice, support, and help, as employers look to trim their workforce, or even close the business. When you add in the evolving landscape of laws and regulations, all of this leaves employees uncertain about heir rights, obligations, and options. This is why more people are looking for Auckland employment lawyer for employees. Below are some of the ways they can help.
1. Legal Advice on Employment Agreements
A key area for advice is about Employment Agreements. Every job is supposed to have an Employment Agreement but when starting a new job or being offered a new contract, employees need to make sure that their rights are being protected. An Auckland employment lawyer for employees can:
- Review an employment agreement to ensure it complies with current law
- Raise unfair or unusual clauses, such as non-compete conditions or restrictive covenants
- Explain complex contractual language in plain English
- Assist with variations to existing contracts during employment
2. Advice and Representation in Personal Grievances
If an employee feels they have been unfairly treated, they may raise a personal grievance. This can be for a number of reasons including being dismissed without proper cause, being bullied or harassed, and more. A PG is a big step, so it pays to talk to an Auckland employment lawyer. They can:
- Advise if a personal grievance is possible or likely.
- Prepare and file a grievance letter within the statutory timeframes
- Negotiate with the employer to resolve the issue
- Represent the employee in the Employment Relations Authority (ERA) if a resolution cannot be reached
Legal expertise is essential for a Personal Grievance as there are strict deadlines and processes.
3. Disciplinary and Performance Management Issues
If an employer begins a disciplinary investigation or wants to implement a performance management process, they need to be on firm ground. The employee needs to get good legal advice from an experienced lawyer. They can:
- Assess if the employer is following fair and proper procedures
- Advise on the employee of their rights
- Be a support person and represent their client in disciplinary or performance meetings
- Review evidence and advise how to respond to allegations
- Challenge unfair warnings or sanctions imposed by an employer
Legal support during such processes can help protect an employee’s reputation and future job prospects.
4. Redundancy and Restructuring Advice
When a firm is looking to restructure or seek redundancies, they must follow a prescriptive process. Errors can easily and often occur so it is important that you hire an Auckland employment lawyer who can:
- Explain an employee’s rights when facing redundancy or restructuring
- Review the employer’s business case and process for compliance with the law
- Negotiate redundancy entitlements, final pay, and notice periods
- Challenge unfair or sham redundancies through personal grievance claims
- Assist with redeployment opportunities within the organisation
Lawyers can ensure employers act transparently and employees receive what they are entitled to.
5. Handling Workplace Bullying, Harassment, and Discrimination
Workplace bullying, harassment, and discrimination are serious issues. Employers are getting better at stamping out these practices but nonetheless, they can affect an employee’s well-being and career. Therefore, it is important to get advice from an employment lawyer. They can:
- Give advice to employees facing problematic behaviour
- Record incidents to support the harassment complaint
- Be the support person for the employee during internal investigations
- Ensure that any investigations are conducted fairly and impartially
- Seek compensation or other remedies for harm suffered
They can also provide advice on matters relating to protected characteristics under the Human Rights Act 1993 and the Employment Relations Act 2000.
6. Wage, Leave, and Holiday Entitlements
Employees sometimes face issues with pay, leave entitlements, or holiday calculations. An employment lawyer in Auckland can review any documents, payslips, and other material to assess if there is any discrepancy.
7. Negotiating and Settling Employment Disputes
Not all workplace disputes need to be resolved in court. Many cases are simply misunderstandings so advice and clarity from an employment lawyer can resolve the issue. Other times, dispute resolution techniques may be needed such as through negotiation and mediated agreements. An employment lawyer for employees can:
- Prepare for and attend mediation (often through the Ministry of Business, Innovation and Employment)
- Draft settlement agreements protecting the employee’s interests
- Make sure confidentiality and non-disparagement clauses are fair
- Negotiate any exit package and fair references are provided
- Advice on tax implications of settlement payments
8. Representation in Employment Relations Authority and Employment Court
If a dispute cannot be resolved informally or through mediation, the case will go to court. In this situation the Auckland employment lawyer can represent employees in the court proceedings. They will:
- Draft and file any claim with the Employment Relations Authority or Employment Court
- Gather evidence and prepare the submissions to court
- Examine witnesses
- Bring an appeal if warranted
- Advise on enforcement of judgments or awards
9. Advice on Resignations and Constructive Dismissal
When an employee has suffered intolerable conditions at work, they may feel compelled to resign. This is known as constructive dismissal. It is complex and definitely needs the help of an employment lawyer who can:
- Advise whether the situation meets the legal requirement for constructive dismissal
- Document evidence and correspondence leading up to resignation
- Prepare and file personal grievance claims for constructive dismissal
- Negotiate settlements or reinstatement where appropriate
10. Immigration and Work Visa Issues
Many employees in Auckland are on work visas or are looking to gain a working visa. This can be easier if they hire a lawyer to work for them.
11. Advice on Restraint of Trade and Post-Employment Obligations
Often an employment agreement will have clauses restricting an employee’s ability to work for competitors or solicit clients after leaving a job. This can be a fair position but sometimes employers overreach the law. If this is happening to you, talk to an employment lawyer who will:
- Review restraint of trade clauses to see if it is enforceable
- Negotiate a less restrictive scope or remove unreasonable clauses
- Advise on potential breaches and defend employees against allegations
Conclusion
An Auckland employment lawyer for employees will offer a wide range of different services to support workers having challenges with their employer.
If you have any such problems, McVeagh Fleming in the Auckland CBD has a strong team of employment lawyers for employees.