Employment relations problems happen in all types of work and at every level. Even big companies that should know better are often involved with personal grievances. We have found that certain types of employers are over represented in personal grievance claims. They include charities, doctors, and farmers.

We have talked about charities before and we’ll talk about doctors at some stage. For now we want to talk about employees in the farming industry. We frequently come across cases so bad that we can only describe it as employee abuse. Examples include farm workers not being provided with employment agreements, being dismissed on the spot for no reason, having part of their wages withheld illegally, being kicked out of their farm house with no warning, serious bullying and harassment, and being physically and verbally abused by the owner or managers. All of these things could happen to any employee; however, they seem to occur much more frequently with farm employees. The way that many farm employees are dismissed on a whim and with no warning shows that some farmers have no idea of even the most basic employment procedures – or they just don’t care.

If you are a farm employee, you don’t have to put up with this. If you are dismissed or your working conditions are changed without your permission, you probably have a personal grievance claim available to you. It is very important that you keep records (dates, times, what was said and what happened) and that you try to get proof of what has happened. For example, if the farm manager tells you to pack your bags and get out, try to get it in writing (email is fine). Try also to have a reliable witness who will agree to give evidence to support your case.

We realise that it can be challenging for small scale employers to know the law, however, what happens to many farm workers is nasty, vindictive and illegal. There are plenty of industry bodies that will help employers to do the right thing, at a reasonable price, so there’s no excuse for bad behaviour on the farm.

If you have any concerns about your work please contact us.

If you are being discriminated against, or if you have been the victim of racial or sexual harassment, at work, you have the choice of taking your complaint to the Human Rights Commission or going through an employment process.

If you go through an employment process, a personal grievance will usually be raised and the issue can be resolved by direct negotiation, at mediation, or at the Employment Relations Authority.

Sometimes people ask which is the best way to progress their case – through the Human Rights Commission or through the employment disputes processes. We can assist you with either, however, we believe that, in most cases, the employment process is by far the best way to take your case forward. Taking your case forward through an employment process is likely to be far faster and cheaper than going to the Human Rights Commission. You will retain control of the case and you have the right of free, confidential and speedy access to the Mediation Service, an excellent resource provided by the government. If you are still employed, we can often get you a mediation within 1-2 weeks.

The same employment processes also exist to protect employees who have been unfairly accused of harassment or discrimination and who may have been unjustifiably dismissed or disadvantaged as a result.

Please contact us if you have any issues or questions.

A no win no fee arrangement has many advantages for an employee. To read about the benefits in detail please click here.

We have written before about the perils of employees seeking ridiculous amounts. Not only do silly claims signal to the employer’s representative that the employee doesn’t know what they are doing; it also puts up a barrier to any kind of negotiated resolution. A negotiated resolution is almost always the best way forward as it ensures a speedy outcome at the least cost. Negotiated resolutions are also more likely to result in confidentiality and positive references – intangible benefits worth having. If you are an employee, who has been dismissed or disadvantaged, don’t be like the employee in this recent case who sought payment for unused sick leave (almost never claimable) and lost wages of $569,348 when his actual loss was about 2% of that amount.

http://www.stuff.co.nz/nelson-mail/news/8162672/Worker-wins-case-over-dismissal

Can you be terminated before you have started work at a job?

The answer is yes because the definition of employee includes “someone intending to work”. We have many times come across this distressing situation where people have accepted a job offer, given notice at their current job, and then the new employer says, “Sorry, we don’t have a job for you anymore.” As you can imagine, this can be very harmful to the employee whose career and finances can be badly damaged by being left high and dry.

Most employers don’t realise that someone who has accepted a job offer with them, but not yet started work, must be treated in the same way as a normal employee, if they intend to make a decision that affects their employment. Usually, this means that the not-yet-started-employee cannot be dismissed, or any other changes made, without good cause and without the proper procedure being followed. The situation is likely to be different for someone who has accepted a job offer that includes a 90 day trial clause, but even then if something goes wrong, it’s a good idea to run your scenario past us to see what can be done.