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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22619
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am going through a very messy divorce and my estranged

Customer Question

i am going through a very messy divorce and my estranged wife works at the same company, she has taken the mater into work by having a jp at work sign her affidavits and give evidence against me (which is false) now i have been confronted with a diciplinary hearing for say something dimeening about her with i have not, what are my rights under employment law ?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: new zealand
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: hr say they have recieved a complaint no
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.

You need to consult with a lawyer and before you have any discussions with your HR department, you need to ensure you are well prepared. So if there are any texts or social media messages, you need to be ready to explain these and answer to HR. You should insist on having a support person present and be careful about what is said. If the evidence in the affidavits is false you should answer this and ensure your lawyer for the divorce is also aware of the employment issue, and they may be able to provide support for that.

Customer: replied 5 months ago.
Thanks for that i am aware the affidavits are in fact false all the way through and my lawyer is aware of this too, it is the fact that they were witnessed by a fellow staff member of where we work that i consider brings my matrimonial issue directly into the workplace, which it should not be!
as far as work related issues go I am puprted to have made a derogatory statement to someone about my estranged wife as far as i am concerned this is conspired and even if i had would be what is classed as hearsay evidence whereas the affidavits are in fact documented evidence of her bring matters into the workplace , would i be correct?
Expert:  Chris The Lawyer replied 5 months ago.

When you witness an affidavit as a JP or a lawyer you dont have any responsibility for the content. It may not have been a good idea for this JP to witness the affidavits but they dont have any input into what was said. So you cannot really do much about that aspect.

The evidence about the comments may well be hearsay but if your wife confirms this, then it would be admissable. But you need to be careful because HR will be unhappy in general about a dispute between the two of you taking place in the workplace. So you should tell HR you are doing all you can to keep this out of work, but that your wife has brought this in, and she should be warned to keep the disputes out of work

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