What happens if a NZ business fires an employee without consulting legal advice, well the worst case in NZ the employee can take a personal grievance against the employer and seek compensation, lost wages and costs at the employment court. You obviously disagree with this, especially if the worker violated the company’s policies, perhaps negligently, but firing an employee, requires prior legal advice.
Employer Lawyer Focus
An employment lawyer works for the employer. Our solicitors and legal staff don’t just provide advice, they also offer guidance to employers on legal probabilities related to financial outcomes, sometimes its’ just easier to settle an employee personal grievance vs proceed to court.
Especially in New Zealand, where employment court outcomes have an employee favour bias. Having the right employment lawyer in Wellington is critical from the outset.
What to Look for in an Employment Lawyer
Hiring a solicitor is not something you should take lightly. This is why you need to prioritise the following qualities when engaging:
- Expertise in past employment law cases, and case law to back this up
- Employment laws and regulation knowledge
- Availability is critical to responding timely and critically to demands
Ways Employment Lawyers Help Employers Before Firing Employees
Termination of employment is a very significant action that you cannot take lightly. Human resource managers need input from employment lawyers. This will ensure that the termination follows NZ employment agreement terms. It will also ensure the act is legal and documented properly.
Here are some of the ways legal teams can help:
1. Reviewing Employment Agreements
Employment lawyers analyse contracts. This doesn’t just help to determine whether termination grounds are legal under the contract. It also helps to reduce wrongful dismissal lawsuits. Plus, it ensures that employee rights are protected.
2. Evaluating Grounds for Dismissal
Employers seek legal advice from lawyers who help them in determining and proving that dismissal was for good cause. They will tell you if it is clear misconduct, redundancy or performance-related. This makes sure that the employer is not basing their actions on emotions.
3. Guiding the Disciplinary Process
Hiring one guides you through steps like issuing a written warning, meetings, and even investigative processes. If any steps are omitted, this may lead to a personal grievance issue. A lawyer assists you in staying neutral and ensuring legal compliance.
4. Minimising Legal Risks
They prevent legal risks from growing to the level of litigation. This encompasses guidance and support regarding documentation, as well as communication with other governmental authorities. This helps reduce the chance of being taken to the Employment Relations Authority.
5. Negotiating Settlements
Sometimes, going our separate ways is the best thing that can happen to us. It means that a lawyer won’t just sit down with both parties. It also means coming up with a mutually agreeable solution to the case. This often helps to prevent further development of the matter.
Firing an employee is one of the worst experiences you can ever have. However, if you take the right approach, you can make minimize the cost, time and focus on employee replacement
For immediate legal employment advice contact Resolve Legal in Lower Hutt, Wellington, NZ