Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Hiring and firing in Feilding follows New Zealand national employment law, administered through central government agencies and the courts. Employers and employees in Feilding must comply with statutes such as the Employment Relations Act, the Holidays Act, the Health and Safety at Work Act, the Privacy Act, the Human Rights Act and minimum wage rules. While local employers may operate in small businesses, farms and regional organisations common to Feilding and the Manawatū region, the legal framework is the same across the country.
Employment law focuses on the terms of employment agreements, fair process, the right to raise personal grievances, obligations around health and safety, and statutory entitlements like pay, leave and rest breaks. Disputes are commonly resolved first by discussion and mediation, and if that fails, by filing a claim with the Employment Relations Authority or appealing to the Employment Court.
Employment matters often involve complex facts and strict timeframes. You may need a lawyer when:
- You face dismissal and want to know whether it was justified and whether you have grounds for a personal grievance.
- An employer has not followed contractual or statutory process when disciplining or dismissing you.
- You are negotiating redundancy terms, settlement agreements or constructive dismissal claims.
- You need advice on employment agreements, position descriptions or workplace policies to prevent future disputes.
- You require representation in mediation, before the Employment Relations Authority or in the Employment Court.
- You are dealing with discrimination, harassment, bullying or privacy breaches at work.
- You are an employer who wants to manage a dismissal lawfully to reduce the risk of claims and financial exposure.
Key legal principles and local considerations for hiring and firing in Feilding include:
- Employment agreements: All employees should have a written employment agreement that sets out hours, duties, pay, leave entitlements and notice periods. Collective agreements apply where a union and employer bargain collectively.
- Personal grievances: Employees can raise a personal grievance for unjustified dismissal, unjustified disadvantage, discrimination, harassment, bullying or breaches of an employment agreement. There is generally a 90-day period to raise a personal grievance from the date of the incident, though extensions can be sought for good reason.
- Fair process: For disciplinary dismissals employers must have a valid reason related to capacity, conduct or redundancy and must follow a fair and reasonable process. Procedural fairness includes investigation, notice of allegations, opportunity to respond and consideration of alternatives to dismissal.
- Redundancy and restructuring: Employers should consult with affected employees, consider alternatives and follow any contractual redundancy procedures. Redundancy must be real and genuine for it to be lawful.
- Probationary periods: Probation clauses are permitted but do not remove statutory protections. Probation may affect the assessment period for performance management, but dismissals during probation still require a valid reason and fair process.
- Leave and wages: Employees are entitled to minimum wage, annual leave, public holiday entitlements, sick leave and bereavement leave as set by law. Employers must comply with payslip and PAYE obligations.
- Health and safety: Employers have duties under the Health and Safety at Work Act to eliminate or minimise risks, and must respond appropriately to workplace injuries or incidents.
- Privacy and references: Employers must handle employee personal information in accordance with the Privacy Act. Providing references requires care to avoid defamation and privacy breaches.
- Dispute resolution: MBIE provides mediation and employment dispute guidance. The Employment Relations Authority investigates employment disputes, and the Employment Court hears appeals on legal matters.
Generally an employer must provide the notice required by your employment agreement or the minimum statutory notice. Summary dismissal without notice is only lawful for serious misconduct that justifies immediate dismissal. Even where misconduct is alleged, the employer should carry out a fair investigation and process to avoid a personal grievance claim.
A personal grievance is a legal claim an employee can raise for unjustified dismissal, unjustified disadvantage, discrimination, sexual harassment or other breaches of employment law. You normally need to raise a personal grievance within 90 days of the incident, though the Employment Relations Authority can allow a later claim in exceptional circumstances.
Gather documents such as your employment agreement, payslips, performance reviews, and any correspondence. Try to resolve the issue with your employer through discussion or mediation. If that fails, seek legal advice and consider lodging a personal grievance with the Employment Relations Authority. Time limits apply, so act promptly.
No. A probation clause allows employers to assess suitability, but it does not override statutory protections. Even during probation, dismissals should be for a valid reason and follow a fair process. Employers should give feedback, opportunities to improve and notice if dismissal is contemplated.
If your role is genuinely redundant, the employer should consult you, consider alternatives and follow any contractual redundancy provisions. You may be entitled to notice, redundancy pay if specified in the employment agreement, and other entitlements such as pay in lieu of notice. If the redundancy is not genuine or process is unfair, you may have grounds for a personal grievance.
Yes. Employees are entitled to bring a support person, which can be a union representative or another person, to disciplinary meetings. Employers should allow this to ensure procedural fairness. If you are a union member, your union can provide advice and representation.
Remedies can include reinstatement to the job, compensation for lost wages, reimbursement of lost benefits and payment of costs. Compensation amounts vary depending on the circumstances, including the severity of the breach and the financial loss suffered.
WorkSafe New Zealand is the primary regulator for workplace health and safety. Employers in Feilding must manage risks and report serious incidents. WorkSafe can investigate incidents and take enforcement action if duties have been breached.
You can seek help from local community law centres, the Feilding Citizens Advice Bureau, union legal services if you are a member, and national government services that provide employment information and mediation. Many employment lawyers also offer an initial consultation and can explain likely costs and options.
Keep your employment agreement, payslips, time sheets, leave records, performance reviews, emails and text messages relevant to the dispute, meeting notes, and any written warnings or disciplinary documents. A clear chronology of events and contemporaneous notes of conversations can be very useful.
Useful organisations and resources for hiring and firing matters in Feilding include:
- Ministry of Business, Innovation and Employment - employment relations guidance and mediation services.
- Employment Relations Authority - statutory body that investigates employment disputes.
- Employment Court - hears appeals on legal points from Authority decisions.
- WorkSafe New Zealand - workplace health and safety regulator.
- Human Rights Commission - for discrimination and harassment complaints.
- Inland Revenue and ACC - for payroll, PAYE and workplace injury matters.
- Citizens Advice Bureau - local centre for general guidance and referrals.
- Community Law Centres - free or low-cost legal advice for eligible people.
- Local unions such as E tū or First Union - for members seeking representation and advice.
- Feilding and Districts Business Association and Manawatū District Council - local employer and business support agencies.
If you need legal assistance for a hiring or firing issue in Feilding, follow these steps:
1. Collect evidence - employment agreement, payslips, correspondence, meeting notes and any other relevant documents.
2. Check timeframes - be aware of the 90-day guideline for raising a personal grievance and act quickly if you think a claim is needed.
3. Seek informal resolution - consider raising the issue with your employer, using your workplace processes, or asking for mediation through MBIE.
4. Get specialist advice - contact an employment law lawyer to understand your rights, likely outcomes and costs. Ask about initial consultation fees and funding options such as community law assistance or union support.
5. Use mediation where possible - mediation is often quicker and less costly than formal litigation and can preserve working relationships where feasible.
6. Escalate if necessary - if mediation fails or is inappropriate, consult your lawyer about filing a claim with the Employment Relations Authority or appealing to the Employment Court.
7. Protect your wellbeing - employment disputes can be stressful. Seek support from family, friends, your union or community services while you pursue the legal process.
If you are unsure where to start, contact a local Citizens Advice Bureau or a community law centre for free guidance and referrals to employment law specialists in the Manawatū region.
