Best Hiring & Firing Lawyers in New Plymouth

About Hiring & Firing Law in New Plymouth, New Zealand

Hiring and firing employees in New Plymouth, like the rest of New Zealand, is governed by a combination of national employment laws and local practices. The process covers recruitment, employment agreements, workplace rights, disciplinary action, and termination of employment. Employers must act fairly and follow specific legal requirements to avoid disputes. Employees are protected by the Employment Relations Act 2000 and other relevant legislation, ensuring both parties understand their rights and responsibilities from the start of the employment relationship to its conclusion.

Why You May Need a Lawyer

Legal assistance can be crucial in various hiring and firing scenarios. Individuals and businesses may seek help if they are unsure about drafting employment agreements, facing claims of unfair dismissal, dealing with disciplinary issues, or addressing workplace discrimination. A lawyer can help interpret employment law, represent you at mediation, guide you through procedures, and ensure proper documentation. Tenants of hiring and firing law can be complex, and not following the correct procedure can have serious financial and reputational consequences.

Local Laws Overview

In New Plymouth, employment matters are primarily governed by national law, such as the Employment Relations Act 2000, the Human Rights Act 1993, and the Holidays Act 2003. These laws set minimum standards for employment agreements, working conditions, holiday entitlements, and processes for disciplinary action or dismissal. Specific local considerations, such as collective agreements in prominent local industries or typical employment practices in the Taranaki region, may also influence how hiring and firing issues are handled. Employers must ensure written employment agreements are provided to every employee and that all terminations are carried out in good faith, following a fair and reasonable process.

Frequently Asked Questions

What must be included in an employment agreement?

Every employment agreement must include the names of the employer and employee, a description of work, hours of work, pay rate, location, the employment type (permanent, fixed-term, or casual), and details about resolving employment problems.

Can an employer fire someone without a reason in New Plymouth?

No. In New Zealand, including New Plymouth, an employer cannot dismiss an employee without a valid reason and must follow a fair process.

What is considered unjustified dismissal?

An unjustified dismissal occurs when an employer terminates an employee's contract without good reason or without following a proper and fair process as required by law.

How much notice must be given before termination?

The required notice period should be stated in the employment agreement. If there is none, reasonable notice must be provided, considering the circumstances and terms of employment.

What can an employee do if they believe their dismissal was unfair?

If an employee believes they have been unfairly dismissed, they can raise a personal grievance within 90 days of the dismissal and seek mediation or pursue the matter through the Employment Relations Authority.

Do employers need written employment agreements?

Yes, providing a written employment agreement is mandatory for all employees in New Plymouth and across New Zealand.

Are trial periods legal in New Plymouth?

Yes, but only for businesses with fewer than 20 employees and if included in the written employment agreement before the employee starts work.

What are the rules about redundancy?

Genuine redundancies must be based on business reasons, and employers must consult with affected employees and follow fair procedures. Compensation may apply if stated in the employment agreement.

Can discrimination affect hiring or firing decisions?

No. Employers are prohibited from making decisions based on age, gender, race, marital status, or other protected characteristics outlined in the Human Rights Act 1993.

What resources exist for resolving employment disputes?

Employment disputes can be resolved through mediation services provided by the Ministry of Business, Innovation and Employment, the Employment Relations Authority, or with the assistance of a legal specialist in the area.

Additional Resources

People seeking help with hiring and firing in New Plymouth can turn to several resources. The Ministry of Business, Innovation and Employment provides information and dispute resolution services. Community Law Centres offer free employment law advice and assistance. Citizens Advice Bureau New Plymouth can help with general employment inquiries. The New Zealand Human Rights Commission is available for issues involving discrimination in employment.

Next Steps

If you are facing a hiring or firing issue in New Plymouth, gather all relevant documents such as employment agreements, correspondence, and notes about the employment situation. Consider reaching out to a legal professional with experience in employment law to discuss your options. You may wish to contact local organizations such as Community Law Taranaki or the Citizens Advice Bureau for free initial advice. If the issue cannot be resolved informally, consider mediating through government-supported services or seeking a formal decision from the Employment Relations Authority. Acting early can help protect your rights and lead to a better outcome.