EMPLOYEE REPRESENTATION

Unjustified dismissals, disciplinary investigations, 90 day clause disputes, contractor/employee disputes, harassment/discrimination issues, bullying issues, personal grievance matters.

Becoming caught up in or being the subject of an employment dispute or investigation can be overwhelming and have far reaching effects for you and your family.  The best approach is to seek objective and sound advice as soon as you know there is a problem.   Friends and family aren't best placed to help.  I will listen to you to identify the relevant issues and  responses.  You may not know your rights, but I do.

I will:

  • Provide a free initial telephone assessment of your case.

  • Keep you updated about your case at every stage.

  • Explain any risks.

  • Provide a letter for WINZ if needed.

  • Represent you in either worksite meetings or mediation if it is required.

I won't:

  • Tell you you have a case if you don't

  • Promise you a guaranteed settlement amount to secure your business.

  • Take $2,500 from you as a retainer for mediation

       or to attend a meeting​

  • Pursue a vexatious case

  • Pressure you into accepting a settlement you are not comfortable with

EMPLOYER REPRESENTATION

Negotiations, agreement advice, 90 day clause advice, performance issues, disciplinary investigations, investigations into complaints of bullying/harassment/discrimination

Because your focus is on the whole business the integral parts can get overlooked.  Humans aren't resources, they are people.  People are always complicated.  Before you make changes which will affect your employees, seek advice.  It is always less costly to treat people fairly than becoming embroiled in a time consuming stressful process because you didn't.  Most employers are good people but employment law can be difficult to work within.  You may not know your obligations to your employees, but I do.

I will:

  • Explain your employee obligations to you

  • Guide and assist you through any employment relations processes

  • Provide timely and effective written documentation

  • Guarantee, if you follow my advice and an employee files a successful claim against you in the Employment Relations authority, I will refund you any fees paid for my services.

I won't:

  • Give you advice that doesn't meet the requirements of the employment statutes

  • Charge you unnecessary fees for something you can do alone

  • Make promises I can't deliver.

RESTORATIVE PRACTICE

Restorative Practice Facilitation Services

Since the changes to the Health and Safety laws in 2015, there are obligations on employers where an employee is injured at work.  Worksafe may order a restorative justice conference.  I am a member of Restorative Practices Aoteoroa and have been a Restorative Justice Facilitator since 2002.  You may not understand what it means, but I do.

Restorative Practice is a philosophy-in-action, placing respectful relationships at the heart of every interaction. This relational approach is grounded in beliefs about the equality, dignity and potential of all people and about the just structures and systems that enable people to thrive and succeed together. 
 
To practice restoratively involves building and maintaining inclusive networks of positive relationships among workplace staff, including managers and ‘stakeholders’.  Its relational approach helps transform the ways staff engage in the workplace and the ways management exercise authority.  A relational approach recognises that interpersonal connections and just structures create community: that people and organisations flourish when relationships are strong and supportive. A relational approach values inclusion, respect, co-operation, equality and democracy. 
 
A restorative approach to problem solving recognises that misconduct harms people and relationships, and that those involved in the problem are needed in the problem solving. This philosophy-in-action means workplaces use restorative problem solving tools to restore relationships where harm has occurred. Those who harm others are held accountable within a community of care, and have obligations to repair the harm done. Even when serious harm has been done, the workplace community can be strengthened and future problems can be prevented.  
 
The Restorative Practice Tools help workplaces use formal and evidence based ways to respond to incidents of serious harm, to problem-solve effectively and to build community. 
 
While the tools are effective in their own right, their primary aim is to help the workplace community think, act and live relationally. In this way, restorative work transforms the whole culture of a workplace; influencing what we choose to value and why. Restorative practice is a strengths based and hope filled approach to work life and wider community life. A relational approach is therefore not just about “implementing” the restorative practices in the model. The practices are a means to an end.  
 
For many, a “restorative” approach to serious harm implies restoring relationships to how they were before an incident. While this might often be true, a restorative approach has a “forward” focus - an intervention must restore the dignity, humanity and mana of the people involved. It must restore the just relationships that enable people to thrive and succeed in their community, even when there is no ongoing relationship between those involved in an incident. It must restore the systems and supports needed to live out the vision of a respectful and inclusive workplace.