Home Page

Ultrx Systems - the ultimate prescription to eliminate the paperwork mountain

Save Time - Save Money - Reduce Stress - Reduce Paperwork - Meet Audit Requirements - Meet Documentation Standards

Homepage

What you must know about employing new staff

How to negotiate an individual employment agreement

What you must know about dismissing staff

ERA 2000 - what you must know to avoid problems

Sign Up for a FREE email course on ERA 2000

Contact us

About us

Subscribe!

Enter your email address to join Ultrx Newsletter today!

Employment Relations Act 2000 - What you must know to avoid problems

The best way to solve a problem is to avoid it.

Unless there has been misconduct so serious that it warrants instant dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve. The sort of conduct that warrants instant dismissal may be set out in the employment agreement.

Employers and employees should make sure they have the information and advice they need when setting up an employment relationship and as new issues arise.

You may resolve the problem without having to spend more time seeking mediation assistance or going to the Employment Relations Authority. Even if you do have to pursue the problem further, discussing and clarifying the problem first will save time in those processes.

The following steps are a guide to resolving a problem.

1 Be clear about the facts

Make sure that what you think has happened or is happening is not just based on an assumption you have made or a misunderstanding.

2 Talk to each other

Employers and employees should try to resolve the problem by discussing it with each other. Both parties are responsible for this.

Union members can ask their union, and employers can ask their employers' association, to approach the other party for them.

If an employee believes they have a personal grievance, they must raise it with his or her employer within 90 days of the action complained of, or the date they became aware of it, whichever is the later .

3 Clarify whether you do have a problem, and if so, what your problem is.

Don't delay this step. Discuss your problem with family or friends or advisers to clarify what the problem actually is.

If the problem is not resolved by discussion, either party may:

Contact the Employment Relations Infoline, who may provide mediation services (this can include making sure you have good information). The Employment Relations Service has a range of services that may help, including information, mediation, or advice on what services are available and how to access them.
Take the problem to the Employment Relations Authority for a decision. The Authority will consider whether there is still a chance to resolve the problem by mediation. If so, they may direct the parties to discuss other ways to resolve the problem.
If not satisfied with a determination of the Authority, go to the Employment Court for a judicial hearing. The Court may also direct the parties to get further mediation assistance if it thinks that may be useful.

Whatever way you look at it , now is an essential time to start running staff performance reviews

Click here to find out an easy way to review staff performance

This information is provided by The Employment Relations Service of the Department of Labour. You can get more information on New Zealand employment relations by visiting EmploymentRelations Infoline at www.ers.dol.govt.nz or phone the toll free help-line - 0800 800 863

All the information published in this website is true and accurate to the best of the authors' knowledge and should not be a substitute for legal advice. No liability is assumed by the authors or publisher for any losses suffered by any person relying directly or indirectly on this website.