To view December 2013 Essential Update, click here
Some key points: A Trial Period is not a probationary period, it is not something that is passed or failed, it is not linked to performance. It is simply a period during which an Employment Agreement may be terminated without having to go through disciplinary or redundancy hoops.
If you spend a little time up front you can avoid a huge headache later.
To view January Essential Update click here
A useful way to help you direct your business – especially when you are stepping back from heavy involvement in the day-to-day running.
The government are suggesting that businesses should be giving pay rises if they want to keep skilled people and be attractive places to work. And they may well be right. It is fast becoming an employee's market and even with the best of working environments, if the message you give through the pay packet is that they aren't valued, employees may walk.
A survey by recruitment company FindEmployment in the UK shows 74 percent of employees have experienced conflict during their career, with 20 percent of them being “very serious”. Almost one-fifth (19 percent) accuse their boss of causing the disagreement. Almost a quarter (24 percent) noted that work related stress was the biggest contributing factor to the conflict they experienced, with 18% citing a continuously hostile working environment as the trigger for their battle.
A recent Employment Relations Authority ruling was that "... a good and fair employer, presented with admissions by the subject staff member, could conclude that (disciplinary action) was the only viable outcome." In this case the employee had admitted wrongdoing in the disciplinary meeting and had sent an email appearing to confirm that. This means that there is no need for an employer to conduct a full investigation if the employee freely admits his/her actions. However, you would need to be quite sure that this is the case.
The duty to act in good faith underpins employment law in New Zealand. However it is, more often than not, used in the context of the Employer’s obligation to act reasonably towards the Employee. A recent Employment Relations Authority case found that the Employee did not act in good faith by failing to participate in a disciplinary process. The Employer was then left to make a decision to terminate the employment relationship based on what information they did have. The Authority held that the dismissal was what a fair and reasonable employer could do in all the circumstances and denied the claim of unjustified dismissal.
You can view February 2014 Essential Update here
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