Everyone
Problems in the workplace
There are many types of issues that can occur in an employment relationship. How they should be dealt with will depend on the nature of the problem and the parties concerned.
What is an employment problem?
An employment problem is anything that harms, or is likely to harm, an 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.
The employment relationship could be between:
- an
employee and theirAny person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’).
employer An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’).
- fellow employees
- a manager and an employee
- a
union and its membersAn 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.
- a union and an employer
- different unions covering employees in the same workplace.
If you require information regarding your pay, leave or other entitlements, see:
Examples of employment problems
Employment problems can be wide-ranging and include:
- disagreements over hours, pay and leave
- a breakdown of relationships
discrimination ,When a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993.
harassment and bullyingAny unwanted and unjustified behaviour which another person finds offensive or humiliating. The behavior must be serious or repeated, and have a negative effect on the person’s employment, job performance or job satisfaction.
- poor performance
misconduct When an employee does something wrong through their actions or inaction, or their general behaviour. It can be at 2 different levels: misconduct and serious misconduct.
- workplace change
- health and safety concerns
- long-term illnesses
- claims of unfair dismissal.
Some of these problems may be the basis for An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve.
Resolving a problem
How to resolve a problem will depend on the type of issue and the parties involved. Some problems will be minor and can resolved relatively simply. Others may be more serious, requiring further steps to achieve a resolution — including formal 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.
In all their dealings, employers and employees should engage with each other respectfully and in An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way.
Employment agreements
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.
Our A tool to help employers create tailored employment agreements for their employees. It covers what they must do by law and explains how to avoid common mistakes.
Keeping written records
It is a good idea for both employers and employees to record any important conversations in writing.
The written record does not need to be complex, but it should be dated, accurate and stored carefully. If a problem does occur, dealing with it quickly using the policy and procedures in place should prevent it from getting bigger.
Preventing employment problems
The best way to approach employment relationship issues is to prevent them happening in the first place.
A few simple practices can help relationships run smoothly and prevent problems.
- Take time to communicate clearly. Poor communication often causes disputes and misunderstandings.
- Raise concerns when they first arise to stop them becoming bigger and harder to resolve.
- Make sure
workplace policies , procedures and work rules are easy to understand and well communicated.Workplace policies and procedures explain the rules and expectations in the workplace.
- Use effective processes for setting performance expectations, having regular performance conversations, providing employee updates about what is going on, and dealing with things like change and performance issues.
- Develop and maintain processes to address and investigate complaints about things like bullying,
discrimination or sexual harassment.When a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993.