If an employer takes actions that negatively affect an employee’s conditions of employment without good reason or fair process, it may be considered an unjustified disadvantage.
Understanding what constitutes an unjustified disadvantage, how to address it, and the legal steps available, can empower employees to protect their rights while maintaining professionalism.
What is an Unjustified Disadvantage?
An unjustified disadvantage occurs when an employer does something that negatively impacts an employee’s conditions of work without a valid reason, or without following proper procedures.
Disadvantages can relate to changes in workload, pay, job duties, or treatment, all of which undermine an employee’s position.
Examples include:
1. Unfair Changes to Job Conditions: Cutting hours, pay, or responsibilities without consultation, or imposing unreasonable workload increases.
2. Bullying or Harassment: Allowing ongoing bullying without intervention, and retaliating against an employee for raising concerns.
3. Exclusion or Unfair Treatment: Being excluded from training, meetings, or promotion opportunities, as well as unjustified disciplinary action without proper investigation.
4. Health and Safety Risks: Failing to address hazards that affect mental or physical well-being.
Legal Protections Against Unjustified Disadvantages
Under the Employment Relations Act 2000, all employees in New Zealand have the right to:
1. Fair Treatment: Employers must act in good faith when making decisions affecting employment.
2. Consultation: Employees must be consulted before significant changes to their role, hours, or conditions.
3. Safe Work Environment: Employers must provide a workplace free from bullying, harassment, and unsafe conditions.
4. Protection from Retaliation: It’s unlawful for employers to disadvantage employees for raising concerns or personal grievances.
How to Address Unjustified Disadvantage
If you believe you’ve been subject to unjustified disadvantage, follow these steps:
1. Document the Issue
Record what happened, when, and who was involved.
Keep emails, meeting notes, or other evidence supporting your claim.
2. Speak to Your Employer
Raise the issue with your manager or HR.
Stay calm, focus on facts, and suggest possible resolutions.
3. Put It in Writing
If the issue isn’t resolved informally, submit a written complaint.
Outline the disadvantage, why it was unjustified, and how you’d like it resolved.
4. Seek Mediation
If discussions fail, Employment New Zealand offers free mediation services to help both parties reach an agreement.
You could also consult an employee relations specialist for guidance as you move forward.
5. Raise a Personal Grievance
If mediation doesn’t resolve the issue, you can raise a personal grievance within 90 days of the disadvantage occurring.
6. Approach the Employment Relations Authority (ERA):
If the grievance remains unresolved, you can escalate the matter to the Employment Relations Authority (ERA), which will investigate, and are able to order compensation or other remedies.
What Can I Claim for an Unjustified Disadvantage?
If an unjustified disadvantage claim succeeds, possible outcomes include:
Compensation: For emotional harm, stress, or financial loss. 2
Reinstatement: Returning to the previous job role or conditions.
Corrective Action: Ensuring fair treatment moving forward.
Example Scenario
To help you get a better understanding of tackling an unjustified disadvantage, here’s an example scenario to imagine yourself in.
Anna, a part-time retail worker, had her hours cut by 50% without consultation, despite good performance. When she raised concerns, her manager dismissed her without explanation.
Why it’s an Unjustified Disadvantage
The change affected her income and job conditions.
Her employer didn’t consult her before making the decision.
The reduction wasn’t based on clear business needs.
Resolution
Anna documented the issue in writing, sought mediation through Employment New Zealand, lodged a complaint with the ERA, and eventually raised a personal grievance. The ERA found the employer’s actions unjustified, awarding compensation for lost income and stress.
Conclusion
Unjustified disadvantages can hinder your job security, wellbeing, and career progression.
There are many employment laws and services that will protect you from unfair treatment, ensuring that any changes to your employment conditions will be reasonable, and consultative. Knowing your rights and advocating for yourself with confidence will help you can tackle any employment challenge.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 027 425 2231.
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