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Penelope Ryder-Lewis

Mediation can offer a final solution to some disputes

I recently wrote about a client of mine whose accountant resigned. She claimed she was constructively dismissed. The client (we’ll call him Fred) rang me last week. He now needs advice on the unjustified dismissal personal grievance raised by the accountant. She’s asked Fred to agree to go to mediation. Fred’s first impulse was to refuse and take his chances…


Act in good time to avoid constructive dismissal claims

I sat down to write this column about an employment issue raised by a book group member. A call interrupted me, asking for urgent help. The client (we’ll call him Fred) has a warehouse. That morning, his accountant had refused to come in, and had said she would never be back. This was stocktake day, completely upsetting the stocktake. He…


Records of settlement negate future legal claims

It is the start of a new year for me and the Book Group. At our latest meeting, while we welcomed in the New Year with champagne, Cyril told us he is considering a job change. He’s in a demanding role, made harder recently with problems of workplace bullying. Cyril was on the verge of resigning. He was unsure of…


Employee information confidential

Checking out possible new employees can be confusing. Employment and privacy laws put limits on what an employer can do. An employer who goes outside those limits may face action under the Privacy Act, and even be liable if they harm the job applicant – whether they get the job or not. I am commonly asked what an employer can…


Dealing with troublemakers who cut up rough on the job

There is no law that says we have to like our work colleagues, but it certainly helps. What we do need is a proper working relationship with them. If someone doesn’t fit in and behaves in a way that annoys others, this can be a real problem. It can make the team dysfunctional and harm the business. Neil, one of…


A uniform and badge did the trick

Traditionally, New Year is when we think about what we achieved last year and resolve to do better next year. I find that this brings clients into my law practice with new ideas. One client raised an interesting problem. This client – let’s call him Pete – owns a service business. We’ll call him a plumber, although that is not…


What to do when staff stay away

At this time of year thoughts often turn to how much time we can take for our Christmas holiday. Employees ask for leave, or fill out leave forms, giving the start and finish dates for leave. Employers agree this leave, then plan how to run the business with those who will be there when they open in the New Year….


Employment grief averted by detail in job ads, interviews

Every group has its peacemaker – the person who smoothes over differences and tries to get everyone working harmoniously together. My book group is no exception. In our case, it’s Alphonse – a charming Frenchman here for two years as part of his firm’s international training programme for senior executives. He’s been fascinated by the New Zealand employment relations system….


The formality of being casual

How much freedom do employers have to employ people as and when they need them? This question came up during our recent Book Group discussion about George Orwell’s 1984. We were talking about the power of the state, and its control over people’s lives. Karin said the Employment Relations Act 2000 has had a huge impact on her business, and…


Written warning’s smelly outcome

Cyril, a public servant, hosted our recent book group meeting. He is senior and bright but can be rather pedantic. I was the first there and found Cyril eating his dinner. He had been delayed at work. His manager had kept him back, then handed him a letter he said was a first written warning. Cyril showed me the letter….