Plain language explanation of services available for resolving employment problems

All employment agreements must contain a plain language explanation of the services available for resolving employment relationship problems. This is an example of what a plain language explanation might look like:

Services available for resolving employment relationship problems

If our employment relationship is to be as successful as possible, it is important that we deal effectively with any problems that may arise. This procedure sets out information on how problems can be raised and worked through.

What is an employment relationship problem?

It can be anything that harms or may harm our employment relationship, other than problems relating to negotiating the terms and conditions of employment.

Clarify the problem

If either of us feels that there may be a problem in our employment relationship, the first step is to check the facts and make sure that there is really a problem, and not merely a misunderstanding. You may want to discuss a situation with someone else to clarify whether a problem exists, but in doing so you should take care to respect the privacy of other employees and managers, and to protect the confidential information belonging to the employer. For example, you could seek information from:

• friends and family
• the Employment Relations Infoline on 0800 20 90 20
• pamphlets and fact sheets from the Employment New Zealand website www.employment.govt.nz
• your union, a lawyer, a Community Law Centre, or an employment relations consultant.

Discuss the problem

If either of us believes that there is a problem, it should be raised as soon as possible. This can be done in writing or orally. Provided you feel comfortable doing so, you should ordinarily raise the problem with your direct manager. Otherwise the problem can be raised with another appropriate manager. A meeting will usually then be arranged where the problem can be discussed. You should feel free to bring a support person with you to the meeting if you wish. We will then try to establish the facts of the problem and discuss possible solutions.

The next steps

If we are not able to resolve the problem by talking to each other, we each have a number of options:

• We can contact the Employment Relations Infoline on 0800 20 90 20 which can provide information and/or refer us to mediation.
• We can take part in mediation provided by the Employment Relations Service (or we can agree to get our own mediator). Mediation will normally be confidential. If we reach agreement, a mediator provided by the Employment Relations Service can sign the agreed statement, which will be binding on us.
• We can both agree to have the mediator provided by the Employment Relations Service decide our problem for us, in which case the decision will be binding on us.
• If mediation does not resolve the problem, either of us can refer the problem to the ERA for investigation.
• The ERA can direct us to mediation, or can investigate the problem and issue a determination.
• If either of us is not happy with the ERA’s determination, we can refer the matter to the Employment Court (the Court may also tell us to go back and have more mediation).
• In limited cases, there is a right to appeal a decision of the Employment Court to the Court of Appeal. In some exceptional circumstances there may be a right to appeal a decision of the Court of Appeal to the Supreme Court.

Personal grievances

If the problem is a personal grievance, then you must raise it within 90 days of when the incidents that give rise to the grievance happen or come to your attention. A personal grievance can only be raised outside the 90-day time frame with the agreement of the employer, or in exceptional circumstances.