EXPERTS IN EMPLOYMENT LAW
Whether you are an employer seeking impartial and practical advice or an employee with a specific employment law issue the employment law team at Layburn Hodgins will provide plain language solutions and choices.
We are able to handle all your employment law needs from routine advice and providing clarity on small issues to more complex matters and hearings. Our aim is to focus on pragmatic solutions which achieve a cost effective and speedy outcome. When working for the employer those solutions will be linked to the employer's commercial objectives and a long term strategy.
Personal Grievances and Disputes
The relationship between employer and employee can be a stressful one at times. We understand those stresses and by applying our thorough understanding of employment law and its processes we hope to speedily end disputes which arise. The sooner you contact us for advice the sooner we are able to assist you to understand your entitlements and your obligations. Our expertise lies not just in knowing the law, but being able to apply it to your situation and provide you with effective advice and strategies for dealing with your dispute.
If a personal grievance is or must be raised then our preparation and presentation of your case will be focused from beginning to end. We will provide you with the best advocacy whether it be in negotiation, mediation or a hearing ensuring that at all times you are aware of your choices and what decisions could be made. You will feel equipped to make those decisions to retain control of your matter.
Redundancy
Although not governed by specific legislation redundancy is actually a well defined legal term which requires an employer to take certain clear steps to ensure that any decision to make an employee's position redundant is fair and in good faith. Failure to follow an effective procedure may mean the employee has been unfairly dismissed and is entitled to raise a personal grievance.
Our years of experience as employment lawyers make us uniquely qualified to assist you through the minefield of redundancy law whether you are an employer making tough decisions or an employee concerned about losing the job you rely on.
Restructuring
Restructuring is a normal part of running a business to improve efficiency, profitability and position in the marketplace. But healthy businesses do not restructure on a regular basis and so the process will usually be unfamiliar, risking mistakes along the way. The key is plenty of good communication to your employees, clients and business community. However, if the communication is poorly handled or absent then it can create employee anxiety, general resistance, reduce employee commitment and jeopardise a real opportunity to embrace change.
By providing the benefit of experience, our employment and business law experts will guide you through the steps needed to effectively and responsibly restructure your business.
If you are an employee whose workplace is undergoing restructure then we will advocate for you to ensure that the restructuring is genuine - and that your employer meets its obligations to you. From time to time 'restructuring' will be wrongly used to end a poor employment relationship – if required, we will assist you to voice your concerns and obtain your entitlements to compensation.
Disciplinary Procedures and Dismissals
An employer will use a disciplinary procedure to tell their employees that their conduct or performance is not up to the required standard and to encourage improvement. Although the employment law does not prescribe a specific procedure that must be followed an employer is expected to ensure that the employee's rights are observed and that the process is fair, reasonable and conducted with good faith. What is required will change according to the situation. Failure to follow a good procedure may mean the employee has been unfairly treated and is entitled to raise a personal grievance.
Our expert employment lawyers are up to date on the most recent law and will apply that to your circumstances so you understand your rights and obligations. Getting the process correct at the start will lead to a happier employment relationship and the likelihood of real improvement by the employee. That is the best result for all.
If you have been unfairly dismissed we can assist you with issuing a personal grievance.
Mediation and Employment Relations Authority
In most instances negotiation is the first option in employment disputes. However, when that fails or more urgency is needed then mediation may be required. In employment law this is a voluntary process where a neutral third person (a Department of Labour employee) will assist the employee and employer to look into their dispute and if possible reach a resolution. The mediator has no authority to direct the parties to reach a decision and cannot force a decision upon them. The advantages of mediation are many - it is cost effective, it aims to preserve the ongoing employment relationship, it allows the parties to retain control of their own resolution and that resolution will be uniquely customised recognising the needs of both parties.
Where mediation fails or is not appropriate to end a dispute then one party may apply to the Employment Relations Authority to determine the matter. The Employment Relations Authority is an investigative body that operates in an informal way. It looks into the facts and makes a decision based on the merits of the case, not on legal technicalities.
All decisions from the Employment Relations Authority may be appealed in the District or High Courts.
Our experienced employment lawyers can assist you in both mediation and the Employment Relations Authority by giving you specific advice on your employment issue including an indication of your legal position. We will file your claim and evidence in the Employment Relations Authority, we will represent/help you prepare for an investigation by helping you prepare your case and represent you at the hearing.
Employment Agreements
We would like to assist you with your employment policy framework by ensuring that your employment agreements and policies are up to date with the latest legislation and are thoroughly protecting your business interests. We will get to know your business and its needs so that we can tailor a solution to your business. We have the flexibility and versatility to adapt our legal strategies to your needs rather than into a framework we have used previously.
Independent Contractor and Consultant Agreements
There are many reasons for businesses to hire an independent contractor or consultant rather than an employee. However, if you're thinking of hiring a consultant/independent contractor, your business must have a comprehensive Agreement to mitigate liability and cost issues. A good agreement will cover many issues including timing, services, payment and warranties. To get it right the Layburn Hodgins legal team offer sound commercial and employment law experience and will work with you to understand your legal needs and the implications for your business.
