sample problem resolution procedures

Employers may use part or all of the following information to meet the requirement to provide information to employees on the services available for the resolution of employment relationship problems under section 65 of the Act.

We can save time and help preserve our working relationship by solving our own problems as far as possible.

The following are suggestions for what you might do if you think there is a problem, and what help is available.

1. Clarify what the problem is from your point of view Make sure there really is a problem. Check your facts and make sure you have not assumed or misunderstood something.

   You might discuss the apparent problem with family or friends or advisers, and find out what the law is and/or what our employment agreement says.

   You can:

   • Contact the Department of Labour (http://www.ers.dol.govt.nz/help/index.html)
   • get pamphlets/fact sheets from the Department of Labour
   • talk to your union, a lawyer, community law office or industrial relations consultant.
2. Talk to me. We should discuss the problem, either directly or through our representatives. You may bring a friend, relative or colleague to support you in the discussion. You should make sure that you discuss the facts so that you can clear up any assumptions or misunderstandings.
3. If we have not resolved the problem by discussion, you can do some or all of the following things:
   • Contact Contact the Department of Labour to obtain information and/or refer you to mediation (http://www.ers.dol.govt.nz/help/index.html)
   • Participate in mediation provided by the Department of Labour (or we can get our own mediator)
   • If we reach agreement, a mediator provided by the Department of Labour can sign the agreed settlement, and that will bind us
   • Choose to have the mediator provided by the Department of Labour decide the matter for us, and if so, that decision will be binding on us
   • If mediation does not resolve the problem, you can take the problem to the Employment Relations Authority for investigation
   • The Employment Relations Authority may direct us to mediation if it thinks that will still be useful
   • The Authority can investigate and make a determination about the problem
   • If you are dissatisfied with the determination of the Authority, you can take the problem to the Employment Court for a judicial hearing. (The Court may also tell us to go back and have more mediation.)

Note that if the problem is a personal grievance, then you must raise it with me (as your employer) within 90 days after the action complained of, or the date you became aware of it, unless there are exceptional circumstances. (A personal grievance may arise where an employee believes he or she has been unfairly treated or unjustifiably dismissed.)

If the problem is about minimum entitlements under the law, you may ask a Labour Inspector to enforce your rights under minimum rights legislation, such as the Minimum Wage Act or the Holidays Act.