Danny Gelb Employment Law

07/03/2023

Congratulations to Mia Gilbert and Schnapps MH for winning the "Danny Gelb Employment Law Advocacy CCN2*" class at the Springbush Horse Trials that was recently held at Taupo due to our lovely Auckland weather this year.

06/02/2022

Well done Kyle

Winner of the Employment Law 0800 HELP ME CCN105 -S A class was Kyle Calder riding Kaiuru Espresso.

14/02/2021

We congratulate Sophie Wilkinson and her horse Astek Gravitate for winning CCN 105 class at the 2021 Springbush Horse Trial.

27/05/2019

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28/01/2019

Barclay's KiwiBuild constructive dismissal claim sounds like a house of cards. Employers have the right to suspend employees under investigation. For employees to be successful with such a constructive dismissal claim they usually need documented evidence that they can show a judge that proves their employer either intentionally did or did not do something that was unreasonable that the employer knew would result in the employee resigning. Unless there is more fire that we have not seen through the current smoke, nothing reported to date comes close to meeting this hurdle.

Most employees fail in the courts with these claims, but all is not lost as many employers take the pragmatic approach of giving the employee a little now as opposed to spending a truckload on legal fees in defending the claim, that even if the employer wins, will cost us (the tax payer) in the long run.

16/12/2018

Authority - Employee penalised $11,000 for secretly recording a meeting. Cost the Employer a pretty penny to. Read my brief summary on this case plus the takeouts of what you can do for recording meetings at work. https://www.employmentlaw.net.nz/faq/nicol-v-canterbury-concrete-cutting-nz-limited/

24/10/2018

Amourguard Security ordered by ERA to pay employee $38,000 for forcing her to resign. You can't go changing the terms of employee's employment without consulting in a meaningful way prior. Well you can but this is what it could cost you for doing so. https://www.employment.govt.nz/assets/elawpdf/2018/2018-NZERA-Christchurch-154.pdf

28/04/2018

It was a costly mistake for Mr Moerua of Auckland earlier this year to tell all on Facebook about his confidential settlement reached with his former employer. The addition of a derogatory comment would not of helped either. Rightly so, the Employment Relations Authority came down on Moerua like a ton of bricks with their 20 April 2018 determination. The Authority did not accept any of his excuses, including the comical of his claim that his privacy has been breached by people looking at and copying his Facebook post. Really? Surely people understand by now that if you want to keep something private you don’t go posting it on Facebook. Moerua was ordered to remove the offending words from his page and to pay over $3,000 in penalties and costs as a result. Many settlement agreements between employers and employees are reached due to it being more cost effective for both sides as opposed to a full on court battle, irrespective of who is right and who is wrong. Mind you I have not seen a situation yet where one side is 100% guilty and the other is 100% squeaky clean. However, both sides need to honour the settlement agreement reached, as the consequences of not doing so, as Moerua found out can be quite harsh.

25/01/2018

Thank you Winston, (never thought I would have reason to say this) for saying no to Labour completely ditching the 90 Day Trial Periods. This allows small employers to take the risk of a new employee and gives many employees the chance to prove them self. Yes, there is the odd employer who abuses this provision but the long term benefits for all, including the greater economy, well outweigh the bad. Need help on either side of this? Message me.

22/10/2017

Pay Equity – Every action has an opposite reaction.

The money tree is what Jacinda needs James to grow for this policy to work, and preferably one that can be harvested in the first 100 days. Bill and his team dipped their toes in the water and as a result Danny Gelb Employment Law Advocacy is fielding a plethora of calls from rest homes that now can’t afford to pay staff and rest home workers who are currently on the redundancy chopping block as they are too expensive to keep employed. With their jobs gone WINZ becomes the alternate provider of choice. Rest home clients (especially those that voted for Winston) are facing fee increases that many can’t afford. The cost of a small amount of upside for a few is too great for many more. Legislative "Pay Equity" simply does not work. The flow on negative effects as a whole is not a price worth paying, that is unless one can harvest from this tree.

26/09/2016

Wow! Just opened my 1,300th client file in my 6th year of operation. Thanks to all those that have trusted me to look after them, and sorry to the other sides of the problems for the results I obtained.