Breach of Employment Contract by Employer NZ: What Employees Need to Know
Employment contracts are meant to protect both the employer and the employee. They outline the terms of employment, including the job description, working hours, salary, benefits, and other important provisions. However, sometimes an employer may breach the employment contract, leaving the employee feeling frustrated, angry, and unsure of what to do next.
As an employee in New Zealand, it’s important to understand your rights and options when facing a breach of employment contract by your employer. Here’s what you need to know:
What Constitutes a Breach of Employment Contract?
A breach of employment contract occurs when an employer fails to fulfill their obligations under the employment contract, or when they act in a way that goes against the terms of the contract. Some examples of breach of contract include:
– Failure to pay wages or provide benefits outlined in the contract
– Changing the terms of employment without consulting the employee
– Not providing a safe working environment
– Failing to follow disciplinary procedures outlined in the contract
– Terminating the employee’s contract without proper notice or for reasons not outlined in the contract
What Can You Do if Your Employer Breaches Your Employment Contract?
If you suspect that your employer has breached your employment contract, there are several steps you can take:
1. Gather Evidence
Collect any evidence that supports your case, including copies of your employment contract, pay slips, emails, or any other correspondence with your employer.
2. Speak with Your Employer
Try to resolve the issue informally by speaking with your employer and explaining your concerns. They may be able to rectify the situation without the need for legal action.
3. Seek Legal Advice
If your employer is not willing to resolve the issue or you believe you have a strong case, seek legal advice from an expert employment lawyer in New Zealand. They can provide you with guidance on your rights and options.
4. File a Claim
If all else fails, you can file a claim with the Employment Relations Authority (ERA) or the Employment Court. The ERA is a free service that provides mediation services to help resolve disputes between employees and employers. The Employment Court is a higher court that can hear and determine disputes between employees and employers.
What Are Your Remedies?
If you win your case, there are several remedies that you may be entitled to, including:
– Compensation for lost wages or benefits
– An order for the employer to pay your legal costs
– Reinstatement or compensation for unfair dismissal
Breach of employment contract by the employer is a serious issue that can leave employees feeling vulnerable and unsure of what to do next. If you believe that your employer has breached your employment contract, it’s important to take action as soon as possible. Gather evidence, speak with your employer, seek legal advice, and consider filing a claim with the ERA or Employment Court. Remember, you have rights as an employee and you are entitled to fair treatment under the law.