On an almost daily basis we read about employment issues that have ended up in litigation, costing those concerned huge sums of money, not to mention ill-feeling and stress. If you’re an employer, it pays to know about your obligations when it comes to hiring, firing and employee relations. If you don’t do things by the book, you might find you’re hit in the pocket.
Costly firing by text
In a recent case (Gold v Modern Electrical Solutions Limited), an employee was dismissed via a text message by his employers. The employee (Mr Gold) - while not saying the dismissal was unjustified -subsequently claimed for unpaid wages, holiday pay and overtime. His employer claimed deductions should be made for costs associated with the employee’s alleged faulty workmanship, damage to a company car and product purchases.
The ruling went in favour of the employee. The employer has 14 days to produce records in relation to claimed overtime, otherwise Mr Gold will be entitled to the $8,000 he says he is owed. The ruling also states that the employee is entitled to two weeks' notice, payment of $3,000 gross and holiday pay of $11,040. Although the decision is an interim one, pending production of records relating to overtime, it illustrates the importance of following employment laws to the letter to avoid bitter disputes.
If you want more information about your rights as an employee or if you’re an employer dealing with a difficult personnel issue, then talk to Gillian Stuart at Aspiring Law, and we’ll guide you through New Zealand’s employment laws, helping to resolve your problem with our clear, concise and pragmatic legal advice. Book an appointment today