​In a recent case in the Employment Relation Authority, an employer was found to have unjustifiably dismissed an employee after a work incident.  The employee in question had a verbal altercation with a colleague during a shift, the argument was heated and resulted in the supervisor sending the employee home.  The employee mistakenly believed that she had been dismissed. 
The Authority member who heard the case outlined in her judgement that the onus was on the company to contact the employee after this incident.  The employer was ordered to pay the employee 3 months lost wages and hurt and humiliation compensation of $7,000 reduced by 50% for the employee’s contribution. 
So, how can you get it right?

1. If you send an employee home after something happens at work, make sure that they know why – if it is to cool off before discussing what happened, let them know this.
2. If they do not come to work on their next shift, make sure that you try and contact them. 
3. If you are unable to contact them by phone or text, then you may need to send them a letter requesting that they contact you
4. If you still can’t make contact, they may have abandoned their employment and we can work through that process together.

 
Don’t assume that an employee that doesn’t come to work has resigned and never suggest resignation to an employee in any circumstances.
If you have any questions, or need advice, give us a call we would love to help. 

Managing people can be tough, especially when you have employees on work visas.  There are many different types of visas and it can be hard to know whether or not someone can legally work for you.  With the government’s latest update to the penalties for breaching visa conditions it is even more risky! [Click here to see the Ministry of Business, Innovation and Employment's advice].  Here are some basic guidelines that everyone should know:

1. Never assume that someone on permanent residence visa or work visa can work for you.  Make sure that you see the visa before you offer them a job. 
2. Your application form or interview questions must ask if they are legally entitled to work in NZ and what their status is i.e. NZ citizen, permanent resident, work visa, student visa.
3. Some work visas have specific condition like the person can only work as a Truck Driver for XYZ Manufacturing in Wellington.  If the person works outside these conditions then they are in breach and can be deported. It is your responsibility to check these conditions before anyone is employed.

So, how do you get it right?

1. Make sure that you site the visa
2. Make sure that their conditions do not prevent them from working for you
3. Make a note of the expiry date and ask the employee to get a renewal before that date
4. Make sure that if you promote the employee that you are not in breach of their visa conditions.

If you are unsure give us a call and we can check their visa conditions before you employ them or promote them.