We all know that at times and especially for the important things in life, words are simply unable express one party’s intentions and expectations of each other. What people overlook is that a lawyer is like a marriage celebrant, they can only assist people with the wording of their marriage vows but at the end of the day those vows are only words. Most importantly, the parties don’t want any power the other party may have to be used against them (issues of trust and vulnerability) with both parties preferring there is a level playing field between them: therefore no party is more at risk than the other.įor the reasons set out above, people generally want this relationship codified for psychological comfort this is above and beyond the necessity to have a written employment agreement (which in New Zealand is a legislative requirement). It seems to me, from my observations of the parties to employment relationships at all stages of the employment lifecycle (beginning, middle and end) that the critical issue for both parties is they want the other party to understand them, ‘get them’ at a fundamental level and connect with them to the extent that all parties to the relationship are psychologically satisfied enough that they feel their expectations are being met (and will continue to be met). I am also frequently there at the end, when the relationship is concluded, be it through ill health, unacceptable conduct by one or both parties, or any other myriad of reasons why the ‘deal’ is no longer satisfying enough to keep both parties sufficiently interested in keeping it alive. You also knew we are living in a global knowledge based economy and that this has had a major impact on both how employers and employees view each other and their expectations of what they will ‘get and give’ each other.Īs an employment lawyer I am frequently asked to review employment agreements or draft new offers of employment to codify expectations, so that any problems can be dealt with by reference to substantive text or dispute resolution mechanisms contained within the four corners of that document. You already knew that before reading this hack. A 'job for life’ and the concept of ‘job security’ are out-dated concepts.
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