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Frequently Asked Questions

There are a lot of questions you may have about Employment Relations, so we have put together the most frequently asked questions and answered them.

Use the search function to find everything you need to know about a certain topic.

Frequently asked questions

Employee Absenteeism in the workplace: Definition and Meaning

Frequent absences from work for any reason can put enormous stress on a business if not managed. To reduce absenteeism rates it is important to first identify the reasons for the employees absence. Refer to our services page for further information. Absenteeism in a workplace can become a real issue when the same employee/employees are absent on a regular basis without prior approval, knowledge or good reason. It is difficult for an employer to manage an employee that consistently does not turn up to work, and it effects not just one role in a business. There can be any number of reasons for the absences and dealing with absent employees can be difficult, but for an employer it is most important to manage it. To find out more read our services page

Constructive Dismissal: What is it?

A personal grievance for constructive dismissal can be raised if the employee is given the option of resigning; the employee is coerced into resigning or a serious breach of duty by the employer causes the employee to resign. For a more on constructive dismissal visit our service page.

A case for a constructive dismissal can be made when a personal grievance falls under 1 or more of these 3 categories. These 3 categories can be summarised as being given ultimatum, inappropriate behaviour by an employer and an employer’s breach of duty. Find more information on our constructive dismissal service page

Employee Relations: Definition and Meaning

Employment relations refers to the relationship between the employer and employee. While the aim will always be to establish a constructive relationship, conflict may still arise. Our team specialise in conflict management and resolution, helping make an otherwise stressful situation manageable.

Employment Relations is part of Human Resource Management. Specifically it deals with the conflict management side of things. At bossed we specialise in conflict resolution and making a stressful situation more manageable.

Employment Representatives

Our Employment Relations Managers and Specialists are available to act as your employment representatives for all employment matters. The bossed team are knowledgable, experienced and confident in resolving employment problems in a timely and professional manner.

Our ER managers and Specialists are your employment representatives. They are experts at dealing with the different situations that you might find yourself in, their job is to take the stress of you and deal with it in a fast and professional manner.

Can I be instantly dismissed after my 90 day trial ends?

If an employee is terminated under the 90 day trial period they must be provided the agreed notice as per the written employment agreement. It is important to note a 90 day trial period can only be relied upon in certain situations. If you have been terminated on these grounds and require assistance call 0800bossed. After your 90-day trial ends you cannot be dismissed without reason and the correct process. In a business over 20 employees you cannot be dismissed within the first 90-days. This a new law that came into effect April 2019. In small businesses you can be dismissed in your 90-day trial period, however this has to be done in writing within that timeframe. If you have been dismissed and feel unsure about the process give us a call on 0800 bossed or contact us here

Can bossed help me if I am a sole trader or contractor?

bossed specialises in providing support to employers and employees. If you are unsure whether you fall within this domain give us a free call on 0800bossed.

Can I raise a Personal Grievance after I have left employment?

Unless there are expectational circumstance, an employee must raise a grievance within 90 days of the problem occuring. As long as this timeframe is met, a grievance can be raised after the employee has left employment. For more information read our 'Raising a Personal Grievance" Service Page Yes, you have up to 90 days to raise a Personal Grievance after the issue occuring. There are several reasons you may raise a personal grievance, including contructive dismissal, unjustified/unfair dismissal and unjustified disadvantage. For more information read our 'Raising a Personal Grievance" Service Page

Does my employer have to offer me redundancy if they are relocating?

Redundancy on the grounds of relocation will depend on a number of factors such as the employees employment agreement and the travel distance to and from work. For case specific advise on the relationship between relocation and redundancy give us a call on 0800 bossed. Short answer, no (depending on your contract). However, an employer has to include you in consultations around changing locations, offering you a position at the new locations and facilitate a smooth change. If in doubt, give us a call on 0800 bossed.

My role is being disestablished, does my employer have to offer me an alternative role?

Generally an employer will need to offer alternative employment where available. If your current role has been disestablished and there is an alternative role within the company which has not been offered to you give us a call on 0800bossed for advice.

This is also called redundancy, and based on latest case law an employer does have to offer an alternative role if available (Jinkinson v Oceana Gold (NZ) Ltd). Additionally an employer has to include the employee in a comprehensive consultation process. If you feel your employer has not done this or is trying to dismiss you on the grounds of redundancy (but isn’t actually going through the redundancy process) give us a call on 0800 bossed

Can my employer request me to see a doctor of their choosing after I have seen my own and been put on ACC?

No an employer cannot make you go to a doctor of their choosing. You have the right to choose the doctor you attend. An employer has the right to ask you to get a medical certificate if you are sick for 3 days or longer. If they wish for you to get a medical certificate before the 3 days, they may ask you to go earlier but they will have to cover your medical expenses for that appointment. If you feel you’ve been treated unfairly while being on ACC please give us a call on 0800 bossed

Redundancy: Meaning and definition

Redundancy is where a business deems a position to be no longer required. To hear more about what makes a genuine redundancy and the process involved with consultation and selection call us on 0800 bossed.

Redundancy is the process of disestablishing a role within a business due to it not being required any longer. As an employer it is important to follow the correct process to ensure you are treating your employees fairly and doing the right things legally. As an employee you want to be treated with respect and get the opportunities that you are owed even in such a difficult time. For support and advice call 0800 bossed

Can I negotiate an exit package with my employer?

Yes, if there are probelms in the employment relationship which cannot be resolved an exit package may be a good option for you. Visit our ‘negotiating an exit package’ page for more information and call us on 0800 bossed to ensure you recieve the best outcome possible.

Negotiating an exit package can be useful in a number of different situations.

Whether your working relationship has ended badly or the employer just needs to let you go, negotiating an exit package can be useful to get the best deal possible.

For more information look at our ‘negotiating an exit package’ page or give us a call on 0800 bossed

What is a managed exit?

A managed exit is an agreed exit between an employer and employee. An exit agreement often includes: settlement costs; a positive reference and prevents any future claim. It is a mutually beneficial agreement, and enables both parties to part on good terms. For practical advice on how to manage an exit call us on 0800 bossed.

Managing an employees exit can sometimes be the best solution to everyone’s problems.

A managed exit often ends a difficult situation in a peaceful and fast manner. In this process an employer often offers an easy exit to an employee which can include a payout, a positive reference and whatever else the two parties want to include. For more information look at more information here

Does bossed represent employees or employers?

bossed can represent either the employer or the employee. When contacted by a party we will cross-check our clients to ensure there is no conflict of interest before proceeding.

bossed can represent either the an employee or employer.

Our team is made up of experts that are able to cater to either group. Our specially customised ER case software allows us to ensure that we can cross-check all our clients to ensure we don’t get in a situation of a conflict of interest between two parties.

What does bossed charge?

Our standard rate is $250 per hour. For employees with personal grievances your fees will be sought from your employer and will often be negotiated as part of a settlement agreement. If you are an employer call us on 0800 bossed to discuss your requirements. bossed charges $250 an hour. However, in case of an employee engaging our services we will negotiate your legal charges into the settlement and you don't have to worry about payment. We do NOT take our legal charges out of your payout based on a percentage.

Are there any hidden costs or fees?

No, our promise is no costs to an employee and a clear pricing structure for employers. Start with your FREE consultation by calling the leading employment representatives on 0800 bossed

Who works for bossed?

Same question at bottom

What is 'workplace mediation'?

Mediation is a place where employers and employees can discuss and resolve employment problems with the help of a mediator present. Once a dispute arises at work it can be difficult to communicate and resolve it internally. Using a third party mediator in a neutral environment can often be helpful to resolve any disputes and differences.

What is the Employment Relations Authority?

The Employment Relations Authority (also called ERA) is an independent body set up under the Employment Relations Act 2000. Parties can choose to go to the ERA if they cannot solve the dispute themselves or by going to mediation. The Employment Relations Authority looks at all the evidence presented and makes a decision based on the merits of the case.

Can bossed help me with my contract?

At bossed we can help employees interpret their employment contract, we are experts at understanding the jargon and translating it for you. We are experts at writing employment contracts and can help you create the correct format. For more information visit our service page.

What services does bossed offer for employees?

We offer all Employment Relations services an employee could need. For an overview visit our Employees Page. For more information on specifics, visit one of the pages listed below.

Unsure? Give us a call on 0800 bossed

Can bossed help with our HR practices?

Yes! We have HR Experts on our team. They have years of experience working in HR in all sorts of businesses in NZ and abroad. For an overview visit our Employers page For more specific information, we can help with: Organisational change/Restructures
Employment Contracts
Performance Management Dealing with Absenteeism and much more! Give us a call if you have a specific requirement and would like to know more on 0800 bossed

What services does bossed offer for employers?

What is a personal grievance?

A Personal Grievance or ‘PG’ is a formal complaint made by an employee against their current or former employer. Personal Grievances are usually raised when other informal problem-solving methods such as talking have failed to resolve an issue. For more information on personal grievances, visit our service pages. Employees 'Raising a Personal Grievance' Employers 'Responding to a PG'

What is absenteeism?

Absenteeism is the pattern of an employee who is often away, unplanned or even without reason. It has a big impact on the bottomline and other employees, it is disruptive and difficult to manage. For more information on dealing with absenteeism visit our 'Absenteeism' Service Page'

Can I do something about an employee who is constantly missing work? (Absenteeism)

There are a few things that can be done with an employee is is constantly missing work, but the first step is always understanding the 'Why?". Usually there is an underlying reason or cause and once en employer understands that reason, appropriate measures can be put into place. Take a look at our service page to get a better overview of the 'why' and what can be done. Dealing with Absenteeism Still have questions and need support? Call the leading employment representatives on 0800 bossed

What is organisational change management?

Organisational change management is the process of restructuring the business to ensure your organisation is relevant and productive, this often include changes to roles and responsibilities.
This process needs to include the consultation of all affected staff members. For more information visit 'Restructure and Organisational Change'

What does restructure mean?

A restructure is the process of changing and 'erasing' certain jobs within a company. There are rules and regulations around how and why this can be done in an organisation. It is important that organisational change is managed and comunicated well. For more information:

Alternatively, give us a call on 0800 bossed for a FREE consultation

What is the employment relations act 2000?

The Employment Relations Act 2000 is the legislation that governs and outlines the relationships between employees and employers. This includes frameworks for unions and individual agreements. Additionally it covers a framework that supports dispute resolution.

What is the right procedure to go through a redundancy?

There are multiple steps an employer has to go through when considering redundancy and restructure. They include open discussions with affected employees and offering alternative job postings. It is important to follow the right steps to ensure both parties are fulfilling their rights and responsibilities. Visit our respective service pages or give us a call on 0800 bossed for a FREE consultation

Am I entitled to redundancy pay?

This will depend on whether redundancy compensation is provided in the employees employment agreement. For any questions on redundancy payments call 0800 bossed for advice

What are my rights when being made redundant?

When organisational change affects your position in a company it is important to know what your rights are and how to conduct yourself throughout this time period.

While being made redundant it is of utmost importance that your employer or manager keeps you informed and up to date. For more information, visit our service page or just give us a call on 0800 bossed

Does bossed represent employees or employers?

bossed can represent either the an employee or employer.

Our team is made up of the leading industry experts that are able to cater to either group. Our specially customised ER case software allows us to ensure that we can cross-check all our clients to ensure we don’t get in a situation of a conflict of interest between two parties.

Is my first consultation really FREE?

Yes! Your first consultation is free, even if you choose not to engage bossed as your representative.

Who works for bossed?

We have a team of dedication employment Relations specialists. We work on a strength-based framework, meaning the specialist assigned to your case is guaranteed to be the best ER Manager available. Visit our team page to find out more

Haven't found the answer to your question?

Contact our friendly team today for a free and confidential consultation. Fill out the form below or call 0800 BOSSED.

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