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Dismissing An Employee Lawfully in Albany, Auckland

If you are planning to dismiss an employee, it must be done lawfully and under specific conditions. In order for this dismissal to be lawful it must be substantively justified and it needs to be done in a procedurally fair way. Failure to do so can leave the employer exposed to legal action. Always seek qualified legal advice.

Employment lawyers Albany

You are sacked – image stockimages

There must be a valid reason for a dismissal. It must be done in a fair manner and it will be dependent upon the circumstances. Example: If the employer dismisses the employee without a warning it must fall within specific parameters that are fully detailed out and understood at the time of hire.

If the employer has given a warning or has dismissed an employee unlawfully, the employee can file a personal grievance claim to the Employment Relations Authority (a part of the NZ Dept of Labour). Employees can be given lost wages as well as distress damages as compensation upon a successful outcome of such a procedure for the employee.

How to defend an employer from a personal grievance that has been brought by an employee.

Employment Relations can give the necessary information and mediation services in order to help assist the employment problem. You can reach them at 0800 800 863. For a claim to be justified, the employer must have a valid reason for dismissal. This valid reason should always be in writing and copies kept in the employee file as well as in the employer file. These requirements will vary depending upon the specific circumstances. If the employee is dismissed without warning it may only be done under a specific set of parameters and guidelines.

A summary dismissal must be for serious misconduct and justified. An employee may be dismissed without warning as long as these parameters are followed. Here is a list of some of those parameters.

Theft

Act of Dishonesty

Fighting

Assault of another employee

Assault of employer

Breach of conduct

Disobeying a law

Disobeying instruction directly from the employer

Possession of illegal substances while at work

Even if the employee is dismissed for such reasons, they are still entitled to their outstanding wages. This includes holiday pay as entitled under their contract.

Poor Work Performance or Less Serious Misconduct

The grounds for this action are poor work performance or a less serious form of misconduct. Without previous warnings, the employer does not have the right to dismiss the employee. The typical procedure is to give an oral warning and then to give a written formal warning. After a final third written formal warning then the employee may be let go without further discussion should the employee again fall short of their duties within the company.

General Rules of Fair Procedures in Dismissing an Employee

Employers are required to take the following measures to make sure that the dismissal is fair. These apply no matter which type of dismissal is being made.

Carry out full investigation into the behaviour that is alleged of the employee including all details and witnesses.

Inform the employee of the nature of the allegations and when appropriate, of the possibility of dismissal due to the disciplinary procedure.

The employee should have the benefit of being heard.

Employees have the right to have a support person or employment lawyer present at the time of the hearing.

Unless the offense is a summary dismissal, the employee has to be warned and requested to stop said behaviour and given appropriate time to improve upon their behaviour before such dismissal. Employee should have assistance as required to change said behavior. If training is required it shall be given. After an oral warning, a formal warning in writing and final formal written warning, employee may be dismissed as the fourth and final warning.

Employment lawyer Albany

Lawyer for dimissing staff – image imagerymajestic

The employee should have the reasons laid out clearly regarding the decisions for dismissal so that they can understand why and recognise that they did indeed have time to change the outcome.

This should be done prior to the dismissal. An employee should have 60 days before dismissal to change their behaviour. They may also require a written statement of reasons and it shall be given within 14 days of the request.

All dismissals shall be done in writing.

Employees may be suspended with full pay pending the results of such an investigation and disciplinary process.

A word of warning about dismissing an employee

Employment law is very complex and needs to be followed exactly as the law states. If there is any deviation, even with the best of intention, then the employer can be liable for wrongful dismissal. So before you undertake any action to dismiss an employee, you are strongly advised to talk to an employment lawyer first.

For employers on the North Shore, McVeagh Fleming is one of the biggest employment lawyers in Albany. They have lots of experience in this regard. Talk to them or visit their website for details.

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Advice on the Best Ways to Resolve Boundary Disputes

When an individual has a problem with his or her neighbour in regards to the property line between their houses it is best to try and solve the problem with a mutual agreement before the problem lands up in court. Property owners can resolve boundary disputes by agreeing on a type of common marker.

Boundary dispute lawyer

Is their fence too big? – image SWNS

These types of markers can include items such as a tree or a fence in order to conclude where the land that belongs to each property owner will begin and where it will end. Once these lines have been agreed on the two parties should put this agreement in writing by signing a deed in order to formalize the “agreed upon” perimeters of their land.

In cases when property owners are unable to resolve boundary disputes informally, they are able to obtain a survey that determines the actual legal boundaries. These surveys are put into place when sub dividing pieces of land for the purpose of property use.

As the uses of properties are known to change over time, it is a common occurrence for boundary disputes to crop up. The disputes can include the placement of a new wall or fencing, building additions or even a tree which may be encroaching onto one of the property owners land. The dispute is easily resolved when one of the neighbours can deed a small portion of his land to the other property owner in response to the other neighbour uprooting the tree or tearing down the building in question.

One of the more common methods in resolving these types of issues is known as “granting an easement” onto the one of the neighbours of a property in regards to solving a boundary issue. In regards to property law there is a provision known as “adverse possession” that is in existence in a few regions in order to resolve boundary disputes between two next door properties.

Adverse possession refers to when one neighbour has used the other person’s land over an extended time, without any complaints. In this particular situation the part of the property that is used may be transferred into the name of the neighbour using it. These types of laws usually pertain to roads or driveways.

One of the only true methods in determining the actual boundaries between each property will be a survey. Before land is utilized for property use, surveyors make use of stakes that are embedded into the ground at each corner of a land lot when subdividing or dividing the land. These metal stakes are more than often buried over time and can become covered by paving, buildings or fences.

When a dispute arises of the actual boundary line between two properties the use of a metal detector can determine the actual location of the survey stakes. This is one of the fastest and easiest methods in resolving a boundary issue between neighbouring properties.

 

In certain areas, mediators are offered from the government in order to work with the two property owners who have a dispute of the exact location of their property lines. Departments will provide maps in order to depict dimensions relating to a lot. Depending on the region will determine whether there is a cost involved for these mediation services.

 

Sometimes it is necessary to consult a law firm to deal with a boundary dispute. Most lawyers will be able to help. Here’s one and here’s an Albany law firm for people who live on the North Shore. McVeagh Fleming is certainly one of the bigger lawyers on the North Shore and they can help you with your boundary dispute.