Everyone
Steps to resolve problems
When an employment issue is raised, it’s important to act promptly and follow an agreed process for resolving problems.
Follow an agreed process
How you resolve an employment issue will depend on the nature of the problem and those involved.
Some issues will be minor and can be resolved simply by the The individuals or organisations involved in any employment-related negotiations or agreements, for example, an employer and an employee. A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority.
Ignoring a problem and hoping it will go away can lead to bigger problems later. Delays can also create added frustration and ‘avoidable distress’, with productivity, legal and cost consequences.
There should be a plain-language process for problem resolution in all A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
In some cases, not following the process can cause the breakdown of the The way in which employers, employees, and sometimes unions, relate and behave towards each other. An employment relationship starts when an employee accepts an offer of employment.
Identify the problem
Think the issue through and gather all the information you need. It’s worth spending time identifying the underlying cause to help you understand how the problem might be resolved.
What’s the real problem?
If you think there is an issue, try to understand the underlying cause and how the problem might best be resolved. Sometimes the real problem is not immediately obvious.
Collect all the relevant information you need and properly think the problem through. Overlooking important facts, or changing the facts, can make the problem worse.
The kinds of questions you may need to ask are:
- what relevant information is there in the employment agreement, workplace policies, work rules, and job description?
- when and how did the problem arise?
- does the problem involve one employee or a group of employees?
- has anyone else experienced the same problem and, if so, what was done to resolve it?
- have you talked to the person or people involved about the problem?
- have any actions been taken already? Did those actions help or not?
Sometimes it’s a good idea to talk to another manager, or a trusted friend, to clarify whether a problem exists and what the issues might be. Remember to respect the privacy of others and to protect confidential information.
Where more than one person has the same issue
Sometimes a number of people will have the same problem. If so, it could help to deal with the problems collectively and to look for a solution that works for everyone. Where employees are An organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues.
Seek mediation help
If you have not been successful, or you would like some outside help, our free phone-based A free, phone-based service provided by Employment New Zealand, which works with employees and employers to help them resolve a problem quickly and informally before it gets more difficult to sort out.
If you have still not been able to resolve the problem, or if you think A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority.
Personal grievance
Employees can raise a An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve.
Recording a settlement
If you come to an agreement at any point, you can formalise it in a ‘ The formal record of what parties have agreed once they’ve reached a resolution about an employment dispute or problem. To make sure it can be enforced, a record of settlement should be written down and given to Employment Mediation Services to check and sign.
Escalate unresolved issues
If, after mediation or other processes, you have not resolved your problem, you can take the matter to an external decision-making body, for example, the The tribunal established under the Employment Relations Act to resolve employment relationship problems. The court that hears and determines cases relating to employment disputes. It also hears challenges to determinations of the Employment Relations Authority and questions of interpretation of law. It has initial jurisdiction over matters like strikes and lockouts.
Breaches of minimum employment rights and exploitation
If you see or suspect a breach of minimum employment rights — including migrant exploitation — you should report it.
To do this complete our online reporting form or call us on 0800 200 088. Our call centre is open Monday to Friday, 8:00am to 5:30pm excluding public holidays.