Get Access to All of Employer Direct's Employment Law Tools. Have Any Questions Employment Law? We Can Answer Your Enquiries. Help, Advice and Comprehensive Employment Law Support Through Employer Direct! Support Quick support Have a quick question or just need to be pointed in the right direction about HR or employment law? Phone us Webform Email us Request a doc Request a call from our expert consultants Sometimes you need more that just a bit of advice, guidance or support. That's when we bring out the big guns for you. Our consultants can represent you, do the process for you or whatever you need to ensure that your business is booming. Area of expertise you require: Employment Law Recruitment General HR Query about your Employer Direct account? Billing query Password reset Cancelling your account

Employer Direct Breaks Down Common Employment Law Questions! Frequently asked questions about employment law, human resources, misconduct and more Frequently Asked Questions Seek advice Do I have to give my employees breaks? Rest breaks benefit employers by ensuring that employees are refreshed, safe and productive. Failing to provide breaks could be a health and safety issue. An employer must pay an employee for rest breaks but meal breaks may be unpaid. Legislation sets down an employee's minimum entitlement to breaks and if these cannot be agreed upon between an employee and employer, then the employer should provide breaks at regular intervals, where practicable. If it is genuinely not practicable to provide breaks you may be able to compensate employees instead, however we recommend seeking advice on this. Seek advice When is an employee 'casual'? Do they still get sick leave, public holidays and leave? A casual employee has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment. They can decline any shifts offered. They still receive annual leave, public holiday pay and in many cases sick leave. Their contract must state that they are casual employees. Seek advice What's the difference between an employee and a contractor? An employee works for you, a contractor is in business for themselves. A contractor is not an employee, however in some cases they may be 'dependent contractors' where they are seen to have the same rights as an employee. Seek advice An employee raised a grievance. What happens now? Depending on what the grievance relates to you may wish to attempt to resolve this informally or attend mediation. If you decline mediation, or it is unsuccessful, the employee can apply to the Employment Relations Authority (ERA). They are able to determine the outcome of their grievance. Seek advice I have a difficult employee? How do I deal with this? Can I just sack them? Depending on what makes this employee difficult, you may like to attempt to provide some feedback or invite them to a formal meeting. Whatever you do, you should always follow good process and ensure you are acting fairly and in good faith. You cannot terminate an employee without following the appropriate process. Seek advice An employee said they're being bullied? How do I know its really bullying? Bullying can be defined as 'repeated, unreasonable behaviour'. If there has been an allegation of bullying, it is important that you deal with this. One solution might be to attempt to mediate between the employees, coach the manager on their leadership style or to remove the problem by separating them. Each situation is different. If in doubt, seek advice. These may briefly answer some common questions. Situations can be complex and this is by no means exhaustive. We always recommend seeking advice about your specific situation. Click for a FREE consultation Did you know? It is estimated that the average employer who goes to the Employment Relations Authority spends $29,000 on legal representation! Employer Direct's HR Audit Think you have a good grip on human resources and that your business is compliant with employment law? Let's test that our with our free HR Audit. Request Free HR Audit

Who are we? We're a team of NZ employment law consultant who think good advice and unlimited support shouldn't cost the earth. About Us Frustration, Stress, Distraction! We exist to handle your tough employment situations and help you focus on running your business Getting employment law right can be tough Dealing with HR and employment law can be time consuming, scary and stressful. Every day well-meaning employers are pinged with expensive personal grievances for even small mistakes. This unfortunate reality distracts employers from doing what they do best, and the worry of getting things wrong impacts their well-being. Compounding on this issue is how expensive it is getting good advice. While lawyers can be of use they are prohibitively expensive, and legal bills rack up fast. Further, while industry associations have some resources to help, more often than not their offerings on employment law and human resource matters are thin. Our team of deeply experienced NZ employment law consultants saw an opportunity to address this in New Zealand. We want employment law to work for small businesses again and this is why we founded Employer Direct. Why us? Because we're just like you! Between us, the team at Employer Direct have decades of experience in employment law, human resources, finance and business management in New Zealand. We know the struggles of running businesses because we've done it too. We take the stress out of employment and HR by providing you with: personalised, honest and pragmatic guidance for your business easy to use templates and documents on demand advice and support We are not interested in writing complex letters and dragging on proceedings. We are interested in resolving your issues and disputes quickly and effectively. We want to save you stress and let you focus on what you enjoy and are passionate about. Our team We have a range of experienced consultants and a supportive office team to make sure you're well looked after. Our approach and kaupapa are guided by our two Principals, Paul and Emma. Principal Paul Mathews Paul has worked in employment law for over a decade and has an astounding record of 100+ successful appearances in the Employment Relations Authority (ERA). His background includes a law degree, several postgraduate qualifications and managing businesses. If things become sticky, then you couldn’t be in better hands than being represented by Paul. His clients have told us that they love his tenacious but pragmatic approach to resolving their issues. Contact Paul Principal Emma Brankin Emma has worked in employment law for the past five years and has a background of human resources and business management. Her qualifications in psychology mean that she understands what makes people tick. Emma's clients appreciate her ability to understand their issues and find solutions even when it looks a little dire. Recent highlight: Resolving a vexatious personal grievance for an employer quickly and without any payments to the employee. Contact Emma

Expert ERA representation for NZ employers. Get guidance and professional support for disputes at the Employment Relations Authority. Free initial consultation available. ERA Representation for NZ Employers The Employment Relations Authority (ERA) is a formal legal body that resolves employment disputes in New Zealand. For employers, appearing at the ERA can be complex, stressful, and risky if procedures are not handled correctly. At Employer Direct, we provide practical, NZ-focused ERA representation for small and medium businesses. From preparing your case to presenting evidence and attending hearings, our team guides you through each stage. We help you protect your business, comply with employment law, and achieve the best possible outcomes in disputes involving personal grievances, unfair dismissals, or other employment matters. What is the ERA? The ERA is an independent authority that resolves disputes between employers and employees. Common cases include: Personal grievances (e.g., unfair dismissal, disadvantage claims) Employment agreement breaches Unpaid wages or entitlements Employers need to respond carefully and follow proper procedures, as ERA decisions are legally binding. How We Help Employers Step 1: Case Assessment We review your case, evaluate risks, and recommend a strategic approach to presenting your position. Step 3: Representation Our team can represent you at the ERA hearing, explaining processes, presenting your case clearly, and advocating for the best outcome. Step 2: Evidence Preparation We assist with documentation, witness statements, and timelines, ensuring your case is structured and well set up for the best outcome. Step 4: Post-Determination Guidance We provide next steps advice whether the outcome is challenged, costs are sought or enforcement is required. Why Choose Employer Direct for ERA Representation? NZ-focused employment law and HR expertise Step-by-step guidance through complex ERA processes Transparent fixed-fee options and membership support Experienced representation to reduce legal and business risks Confidential, practical advice tailored to your situation Contact us now Frequently Asked Questions When should an employer seek ERA representation? Anytime there is a formal dispute or personal grievance that may escalate to the ERA. Early preparation improves outcomes. Can Employer Direct appear on my behalf at the ERA? Yes. Our team provides full representation and guidance throughout the ERA process How long does an ERA case take? Case durations vary but a hearing in the ERA normally takes 1-2 days. We provide advice on timelines and manage preparations efficiently to avoid delays. Is ERA representation only for dismissals? No. ERA cases include a range of disputes, including personal grievances, contract breaches, and wage arrears. Take the Next Step Navigating ERA disputes doesn’t have to be stressful. Contact Employer Direct today for a free initial consultation and get expert NZ-focused guidance for your employment disputes. Request support

Expert disciplinary and dismissal support for NZ employers. Ensure fair processes, reduce risk, and get practical HR guidance. Free initial consultation available Disciplinary & Dismissals Support for NZ Employers Disciplinary issues and dismissals can be challenging for employers in New Zealand. Mistakes in handling employee performance or misconduct can lead to personal grievances, financial penalties, or ERA claims. At Employer Direct, we provide NZ-focused, practical support for employers to manage disciplinary processes correctly and confidently. From poor performance warnings to formal dismissals, we guide you through each step, ensuring compliance, fairness, and reduced risk of disputes. Our experienced team helps small and medium businesses across New Zealand navigate sensitive workplace issues while maintaining employee morale and legal compliance. What is a Disciplinary Process? A disciplinary process is a structured method for addressing employee misconduct, underperformance, or breaches of policy. A fair process in NZ typically includes: Clear communication of expectations Documentation of performance or conduct issues Opportunities for improvement (Performance Improvement Plans) Formal warnings when necessary Consideration of dismissal as a last resort Following proper procedures protects your business from unjustified dismissal claims and personal grievances. How We Help Employers Step 1: Assessment & Planning We evaluate your situation and recommend a step-by-step approach to resolve the issue fairly while reducing legal risk. Step 3: Processes & Meetings We guide you in conducting disciplinary meetings, preparing letters, and documenting outcomes to protect your business. Step 2: Documentation & Policies We assist in reviewing your employment agreements, policies, and records to ensure disciplinary actions are reasonable and lawful. Step 4: Dismissal Support If dismissal becomes necessary, we provide strategic advice and representation, ensuring the process is defensible if challenged. Why Choose Employer Direct for Disciplinary Matters? Expertise in NZ employment law and HR best practices Practical, step-by-step guidance to minimise risk Transparent fixed-fee options and membership support Experienced consultants ready for mediation or ERA representation Confidential, judgment-free advice for sensitive situations Contact us now Frequently Asked Questions What is considered fair dismissal in NZ? Fair dismissal requires a genuine reason, proper investigation, and following procedural fairness. We help ensure your process meets legal standards. Can I dismiss an employee without giving them warning? Yes, potentially in cases of serious misconduct. Employer Direct can guide when warnings are required and when immediate dismissal is justified. How do I handle an employee who disputes a warning? We provide guidance on documenting discussions and maintaining compliance and fairness, reducing the risk of escalation. Do I need representation for disciplinary meetings? It's not a legal requirement but it can be helpful to have guidance and support, especially if you are not 100% confident in the process. We provide this to ensure that the process is as risk free as possible. Take the Next Step Disciplinary and dismissal processes don’t need to be stressful or risky. Contact Employer Direct today for a free initial consultation and ensure your disciplinary actions are legally compliant and professionally handled. Request support

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Dismissals and disciplinaries can be tricky, so what should an employer know before attempting these? Can you suspend an employee? Can you fire someone without giving them any warnings? Employment Law advice for businesses Dismissals & Disciplinaries The importance of good process Good process is an important factor in protecting employers against grievances from treating employees unfairly. What if you know that they did it? You must still follow good process! Employment law urges employers to ensure that they genuinely consider employees feedback and do not have a predetermined outcome. Even if you have video footage, the employee may have a reasonable explanation. Is it three strikes and you're out with disciplinary actions? Not necessarily. Warnings for different types of breaches may not always be considered relevant to other disciplinary processes. Employers should be careful that they are making decisions that a reasonable and objective employer would also make to ensure that they are acting fairly. If you are not confident or experienced in carrying out a disciplinary process, then we would recommend seeking employment law support at least for the first few occasions. Is a performance improvement plan (PIP) a disciplinary action? In short, no. They may be tied together but a good faith performance improvement plan should seek to improve issues and rectify performance. The outcome should be achievable and the length of time and support or training given should be reasonable for the employee to ensure that the process is genuine. Click for a FREE consultation Frequently Asked Questions What if an employee refuses to attend a disciplinary process? Suggest rescheduling. If they genuinely continue to refuse to participate in the process, then you may be able to give them notice that you will determine the outcome without their feedback. We'd suggest getting some advice prior to doing this however. What if I need to get rid of an employee? Ask yourself why you feel this way? If this is because of misconduct then you should follow the disciplinary processes. If this is due to poor performance or not meeting company standards, then perhaps a PIP might be more appropriate. We do not recommend dismissing someone purely due to a personality clash without seeking advice! Do I need to give a verbal, written and final warning before dimissal? No. If the incident is serious misconduct or significant enough, then it may be appropriate to summarily dismiss. Do I need to follow process for a verbal warning or can I just tell them? You need to follow process for all disciplinary action, including a verbal warning. If you are providing constructive feedback or coaching, this is not the same as a verbal warning. Do I have to let an employee bring a support person to a meeting and can they speak on the employee's behalf? Yes. If I am the victim of an employee's misconduct (ie, violence or harassment) can I carry out the disciplinary process? We would not recommend this. It could be considered that there was a predetermined outcome or a lack of genuine consideration and this could result in poor process and a grievance. General FAQs Request support If in doubt, seek advice. These may briefly answer some common questions. Situations can be complex and this is by no means exhaustive. We always recommend seeking advice about your specific situation.

Employer Direct. Your One Stop HR Shop. Employment Law and Human Resources support to ensure that your business is following lawful, good practice. Saves you money, time and stress! Employer support: Its what we do We take the headache out of HR, by providing small business owners affordable, easy-to-access resources and expert support to reduce the risk of employment issues, improve productivity and increase profitability. And all this without charging you a fortune! And if you need it, we have expert consultants on hand to ensure the best outcome in any sticky situation. COVID-19 FAQs HIRING FAQs EMPLOYER HELP FAQs EMPLOYER'S RIGHTS FAQs DISCIPLINARIES & DISMISSALS FAQs SUPPORT We believe that good HR should: Tailor solutions to your business and your needs Not cost an arm and a leg. No hidden costs here! Deliver what it promises and be there when you need it Be honest and pragmatic. You need to know if there could be issues! If this sounds like something your business would benefit from, then you should give us a call or book in a time for a no strings attached consultation. You've got nothing to lose and we guarantee you'll take away at least something to ponder! Call now Enquire Did someone say... FREE?! Because we believe that good HR shouldn't cost an arm and a leg, we're sharing some of our best resources for navigating the complexities of human resources and employment law with you... for free! Show me! Six very good reasons to team up with Employer Direct: ON DEMAND SUPPORT TRAINING & GUIDANCE EXPERT CONSULTANTS NO HIDDEN COSTS 50+ DOCUMENTS IN OUR LIBRARY TOOLS TO PREVENT ISSUES We know what we're doing and our clients agree! Honey & Royal Jelly Exporter Auckland, New Zealand "I'm so glad I didn't try handle it myself. You delivered on everything you promised."

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