When should I contact an employment advocate?
A letter from your boss lands in your inbox. You’re asked to come to a meeting, respond to a complaint or give feedback on a change that could cost you your job. How do you know if it’s time to get legal help?
A good rule is to call before your next meeting or deadline if your job, pay or wellbeing is at risk. An employment advocate can help you understand what’s happening, work out what to say and, if you need it, represent you. You can ask for advice while you’re still working and still want to stay in your job.
Here are five times when it’s worth making that call.
1. You’ve been sacked on the spot
Get help as soon as you can, ideally the same day.
Summary dismissal means your employer ends your employment without notice. It can happen if your employer finds that you’ve committed serious misconduct. Even then, an employer will generally need to look into what happened, give you a fair chance to respond and consider your side before making a decision.
If you were told in person to leave, write down what was said while it’s fresh. Ask your employer to confirm in writing whether you’ve been dismissed or suspended. If you’ve been dismissed, ask for the date your employment ended and the reasons. Keep your employment agreement, any letters and messages you’re entitled to keep.
How can we help?
An advocate can help you check whether the employer had grounds to dismiss you, whether the process was fair and what options you have now. Call even if you’ve already handed in your keys or been locked out of your work email.
2. You’ve been called to a disciplinary meeting
Get help when you receive an invitation to a disciplinary meeting, especially if the letter mentions a warning or dismissal.
Read the invitation carefully. Your employer should tell you what the concerns are, share the relevant information and give you a fair chance to respond. You can take a representative or support person. If the meeting is tomorrow and you haven’t seen the evidence or had time to get advice, ask in writing for more time.
You could say, “I want to take part in the meeting. Please send me the information you’ll be relying on and allow me time to review it and arrange support.”
How can we help?
An advocate can help you sort through the allegations, prepare a clear response and attend the meeting with you. If your employer has already put a warning or dismissal on the table as a proposed outcome, get advice before the deadline to respond. Your response may still affect the final decision.
3. Your employer proposes a restructure
Get help while you can still give feedback, especially if your role, hours or pay could change.
A restructure might mean your role changes, you have to apply for a new role or your job could be made redundant. If your employer proposes a change that could affect your job, they should generally explain the proposal, give you relevant information and a real chance to comment, then consider your feedback before making a final decision. They should also consider options for moving affected staff into other suitable roles.
How can we help?
An advocate can help you ask for missing information, point out errors and put forward alternatives. For example, you may know of a vacancy that uses skills you already have. If you’re offered another role, get advice before you accept or turn it down. An advocate can help you understand what the offer means for your pay, hours and any redundancy entitlements under your agreement.
4. You’re put on a performance improvement plan
Get help when you first see the plan if the targets seem unclear or out of reach, or your job could be at risk.
A performance improvement plan, often called a PIP, should set out what needs to improve, how it will be measured, what support you’ll get and how much time you have. Keep a record of your progress, the support you ask for and what happens at each review. If you’ve already had a warning, get advice before the next review.
How can we help?
An advocate can help you ask for a clear measure and the support you need to meet it. They can also help you raise anything affecting your work, such as broken equipment, conflicting instructions or training you were promised and address if the contents of the PIP, or process is flawed.
5. You’re being bullied at work
Get help early if the behaviour keeps happening, you feel unsafe speaking up or your employer hasn’t dealt with your complaint.
Workplace bullying is repeated, unreasonable behaviour that can harm your health and safety. It might look like a manager regularly humiliating you in front of the team or a co-worker repeatedly leaving you out of meetings you need to do your job.
Write down what happened, when and who saw it. If you feel safe doing so, report it in writing and ask what steps your employer will take. If your manager is involved, you could go to another manager, HR or the person named in your workplace policy.
How can we help?
An advocate can help you prepare the complaint, ask for steps to protect you while it’s looked into and work out what to do if nothing changes. If you’re thinking about resigning, speak to someone first if you can.
Get advice before the next deadline
In most cases, you have 90 days to raise a personal grievance with your employer, counted from when the issue happened or when you became aware of it, whichever is later. For a personal grievance about sexual harassment, the time limit is generally 12 months. If a deadline is close, say so when you call.
At Mathews Walker, we help employees across New Zealand work through problems at work. Have your letter, meeting date or response deadline handy if you can. Call today for a free initial consultation.
MathewsWalker.co.nz | Employment Problems Solved | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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