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Process
Our technical approach begins with a detailed review of your employment agreement, timesheets, and any collective agreements. We assess eligibility for redundancy compensation under the Employment Relations Act 2000, calculating entitlements which may include contractual severance, payment in lieu of notice, and holiday pay. A critical step involves evaluating whether the redundancy process was genuine and conducted in good faith, as required by section 4 of the Act. We then engage in direct negotiation with the employer or, if necessary, file proceedings with the Employment Relations Authority, where over 70% of personal grievance claims are resolved through facilitated mediation. Our method ensures every legal avenue is pursued to secure your maximum entitlement.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Resolution Timeline | 4-12 weeks |
| Primary Governing Legislation | Employment Relations Act 2000 |
| Good Faith Obligation | Section 4 |
| Common Claim Types | Unjustified dismissal, redundancy |
Local Considerations — New Zealand
Severance scenarios for construction workers vary across New Zealand's regions, influenced by local project cycles and predominant employers. In major hubs like Auckland and Wellington, large-scale commercial projects can lead to mass redundancies, requiring coordination of multiple claims. In contrast, regional areas may see disputes arising from the completion of smaller residential or infrastructure projects. Our national practice is structured to adapt to these regional nuances, ensuring consistent application of the law whether the client is based in Christchurch, Hamilton, or Dunedin. We understand the specific pressures of the local construction sector in each area.
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Standards & Compliance
- Employment Relations Act 2000
- Holidays Act 2003
- Good Faith Provisions (s.4 ERA)
Frequently Asked Questions
What constitutes a genuine redundancy in the construction sector?
A genuine redundancy occurs when an employer's need for a worker's role has ceased or diminished due to business restructuring, not performance. For construction, this often follows project completion or a loss of contract. The employer must follow a fair process, including consultation, as per good faith obligations.
Am I entitled to severance pay if I am a casual construction worker?
Entitlements depend on your employment status and agreement. While casual workers may have different rights regarding notice, they are still entitled to holiday pay and may be eligible for redundancy compensation if a pattern of work establishes an expectation of ongoing employment. Each case requires individual assessment.
What is the legal timeframe for raising a personal grievance for unjustified dismissal?
You have 90 days from the date your employment ended, or from the date you became aware of the problem, to raise a personal grievance with your employer. This strict deadline is critical, and we strongly advise seeking legal advice immediately to preserve your claim.
How much does legal representation for a severance pay claim cost?
Legal costs depend on the complexity of your case, the required negotiation or mediation, and if proceedings are filed. We provide transparent fee agreements upfront. Many cases are resolved through early intervention. For a specific estimate tailored to your situation, we recommend requesting a detailed consultation.