| How do I find out what's in my employment agreement? What do I do if I have a dispute about my employment agreement? What can the Employment Relations Authority and the Court do? If I leave my job can I get the Unemployment Benefit? What if I think I have been unfairly dismissed? What if my employer owes me money? |
EMPLOYMENT AGREEMENT DISPUTE
What is an Employment Agreement Dispute? |
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Sometimes you will disagree with your employer about your employment agreement, how it works, what it means and how it applies. This is called a dispute.
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| EMPLOYMENT RELATIONS AUTHORITY |
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| The Employment Relations Authority and the Employment Court were set up to help settle disputes between employers and employees and if need be to impose fines or award damages. |
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| What can the Employment Relations Authority and the Court do? |
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| If your employer is found to have broken your employment agreement or the grounds for a personal grievance are made out, s/he could have the following order made against them: |
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- Reinstatement in your previous job or a similar one.
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- Compliance order (making them comply with the agreement or Act).
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- Injunction (an order that will protect your position before the matter is heard at adjudication).
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- Order for them to pay wages owed.
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- Penalty payment for breaking the employment agreement or Act (this can be up to $2,000 for an individual or up to $5,000 for an employer who is a company).
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- Compensation order (usually to compensate you where you have had a personal grievance). This can be for wages lost as a result of your dismissal and for humiliation and injury to feelings that you may have suffered as well.
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- Damages for breach of employment agreement.
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| MONEY |
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| If I leave my job can I get the Unemployment Benefit? |
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| This depends on why you left your work. Before Work and Income New Zealand (WINZ) make a decision about your entitlement to your benefit, they must investigate your case FAIRLY and not just take the word of your employer. |
| If you were unfairly dismissed and your case has not been fairly investigated, contact the Employment Relations Service Info-line on 0800 800 863, YouthLaw, or your union (the phone numbers are on the last page of this guide). You can also contact your local Citizens Advice Bureau, Community Law Centre or lawyer. |
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| You do not have to put up with unfair treatment! |
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| If you can show that you had a good reason for giving up your job the “stand-down” will not apply. Good reasons might be: |
- You needed to return to support your family in another district because of illness,
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- You were required to travel an unreasonable distance to get to work.
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- The job was too heavy or demanding for you.
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- You were being sexually or racially harassed in you workplace
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- You are taking a constructive dismissal personal grievance claim against your former employer.
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| Your benefit can be delayed for up to 13 weeks if you: |
- Voluntarily left your job without good reason.
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- Lost your job because you did not work as well as you could have.
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- Lost your job because you took time off without permission.
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- Lost your job because you did not keep to the work and safety rules.
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| Other reasons for delay of benefit are: |
- You lost your job through your own misconduct.
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- You refused or failed to accept an offer of suitable employment or training without good reason.
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- You have received a redundancy payment or severance pay.
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- Your average earnings over the last six months were high (this can delay your benefit for up to ten weeks).
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| What if I think I have been unfairly dismissed? |
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| If you are a member of a union ask them to investigate and then take your case to the Employment Relations Authority following the appropriate steps. Alternatively, you can instruct a lawyer to act for you in order to do this. The union or a lawyer can give you a letter to take to Social Welfare stating that they are taking your case. This is usually sufficient to ensure you get paid the unemployment benefit. |
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| Remember that if you lose your case you will probably be required to pay back all benefit money up to the 13 week stand-down time. |
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| If you are not a union member, get advice from one of the organisations listed at the end of this information sheet; your local Citizens Advice Bureau or Community Law Centre. You will find them listed in your local telephone directory. |
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| What if my employer owes me money? |
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| Your employer should keep a record of the wages paid to you, and you are entitled to see this or get a copy of it if you ask for it. |
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| If your employer owes you money for unpaid or underpaid wages, unpaid holiday pay, you can apply to the Employment Relations Authority for an order to make them pay you what you are owed. |
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