Unjustified Disadvantage

Employer actions can result in an unjustified disadvantage to the employee. Unjustified disadvantages’ refers to the general idea that employees have suffered something that makes it hard for them to do their job. This concept can cover a range of different situations.

There are two legal grounds for employees to raise a personal grievance for an unjustified disadvantage, for example: 

  • The worker’s employer does something that affects their employment or conditions of work in a way that disadvantages them or makes it harder for them to do their job; 
  • The employer’s action involving the employee is not justified in some way for example; it may have been unfair or unreasonable.

Some Examples of Possible Unjustified Disadvantage 

  • taking away a substantial amount of work or not giving work to an employee, without proper consultation
  • demotion into a lower job without giving any reasonable cause
  • Illegally suspending and employee without pay
  • transferring the employee to another location without prior consultation
  • changing hours of the employees work or pay without consultation

Employment New Zealand 

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