using mediation services effectively

Appendix A: Information & Guidance Is Available From The Department Of Labour

If you require further information and guidance about any matter covered in this publication or about any other employment relations matter:

• Call Department of Labour Workplace Contact Centre free on 0800 20 90 20; or
• Visit our website at www.dol.govt.nz. Where you can also find easy-to-read publications, pamphlets and fact sheets on specific employment issues to assist you to create and manage better workplace relationships.

There is information on:

• Employment relationship problems
• Hiring new employees
• Going to the Employment Relations Authority; plus an
• Employers’ guide to employment rights
• Good Faith.

There are shorter pamphlets and fact sheets on key topics, such as:

• Employment relationship matters including minimum employment rights and employment agreements
• Parental leave entitlements
• Holidays and other leave
• Minimum pay and deductions
• Solving workplace problems
• Union membership matters.

All are available on request from the Department of Labour Workplace Contact Centre. You can also download them or order them online from our website.

Labour Inspectors

Labour Inspectors enforce certain employment relations laws relating to minimum conditions of employment, such a minimum wages and holidays and the keeping of wages and holiday records. They carry out investigations to ensure these records and systems, agreements and policies meet at least the minimum required by law. They investigate in an impartial manner at all times and work with employers to ensure that problems are resolved in a manner that stops them reoccurring.

If it appears that you may have breached any of these laws, employees can ask a Labour Inspector to investigate the matter on their behalf. Inspectors are based at area offices around New Zealand.

Go to Mediation

Our Mediators can, if invited, assist you in dealing with and fixing workplace problems that arise. They operate informally, can provide you information, visit your workplace, and meet both parties separately or together or by a series of meetings. They can also assist you in more formal situations such as collective bargaining or dispute resolution.

Mediators are based at offices around New Zealand.

Apply to the Employment Relations Authority

If you have tried mediation, or believe the problem cannot be solved by mediation, the Employment Relations Authority is available to formally investigate issues, determine whether mediation could assist, and rule accordingly.

The Authority is based at Auckland, Hamilton, Wellington and Christchurch and will travel to other main centres.

If a party is not happy with the decision of the Employment Relations Authority the Employment Court is available to all parties.

The Department’s Workplace Contact Centre can provide you email, fax, mailing and street addresses of your nearest Department of Labour Workplace Services area office offering the services of Labour Inspectors, Mediators and for contacting the Employment Relations Authority, or you can find contact details on our website.

Other legal obligations

This booklet focuses on matters mostly under the Employment Relations Act, the Holidays Act, the Minimum Wage Act, the Parental Leave and Employment Protection Act and the Wages Protection Act. You should also be aware that other legislation impacts on employment relationships. For example, the antidiscrimination provisions of the Human Rights Act and the Equal Pay Act apply to all employment relationships. Also, the Privacy Act and the Injury Prevention, Rehabilitation and Compensation Act may well also have an impact.

The Department of Labour’s Workplace Contact Centre on 0800 20 90 20 will put you in touch with the appropriate source of advice on these matters.

You can get assistance from other Department of Labour services

1. Health and safety in the workplace is another area where employers and employees need to be able to work effectively together. Often unsatisfactory management of safety issues can eventually result in employment relations problems, as well as unsafe working environments. Information about Health and Safety in Employment (HSE) is available on www.dol.govt.nz. There are offices throughout NZ.

You can:

• find out about workplace health and safety law, visiting www.dol.govt.nz or call the Department of Labour Workplace Contact Centre free on 0800 20 90 20
• get advice on workplace safety and health
• report a workplace accident, injury or illness
• find out how to identify and manage hazards in the workplace or prevent injuries in your workplace.

2. Immigration New Zealand is available on www.dol.govt.nz or by calling 0508 55 88 55 (outside Auckland) or 914 4100 (from the Auckland area).

You can:

• find out about immigration in New Zealand
• get information for new migrants to settle in New Zealand
• get information on how to apply for a permit to work or study in New Zealand
• get information on how to apply for a visa to work or study in New Zealand.

3. The Department of Labour Work Directions Group is available on 04 915 4000. Work Directions advises government on a range of labour market matters and provides information to assist employers and employees in the workplace.

You can:

• get information on skills, research, trends and demographics
• get information on the changing nature and future of work, work/life balance, skills needs and research.

Assistance from unions and employers’ organisations

You may wish to seek assistance from your union or employers’ organisation. A phone call could help to resolve your problem or avoid costly mistakes. You can get union contact details at www.nzctu.org.nz or employers’ organisation contact details at www.businessnz.org.nz.

Appendix B: Sample Problem-Solving Procedure In An Employment Agreement

The written employment agreement between an employer and an employee must include a problem-solving procedure. Such a procedure might be:

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.

1. What is an employment relationship problem?

It can be anything that harms or may harm our employment relationship, other than problems with the fixing of new terms and conditions of employment.

2. 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 there really is a problem, and not simply 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 confidential information belonging to the employer.

For example, you could seek information from:

• friends and family
• the Department of Labour on 0800 20 90 20
• pamphlets/fact sheets from the Department of Labour
• your union, a lawyer, a community law centre or an employment relations consultant.

3. Discuss the problem

If either of us believes 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 the possible solutions.

4. 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 Department of Labour 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 settlement, which will be binding on us.
• We can both agree to have the mediator provided by the Department of Labour decide our problem for us, in which case that decision will be binding on us.
• If mediation does not resolve the problem, either of us can refer the problem to the Employment Relations Authority for investigation.
• The Authority can direct us to mediation, or can investigate the problem and issue a determination.
• If either of us is not happy with the Authority’s determination, we can refer the problem 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 the decision of the Employment Court to the Court of Appeal.

5. Personal grievances

If the problem is a personal grievance, then you must raise it within 90 days of when the incidents that gave rise to the grievance occurred or came to your attention.

A personal grievance can only be raised outside this time frame with the agreement of the employer, or in exceptional circumstances.

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This page was last updated on: 04-May-2009 and is current.