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What an employment relationship problem is#
An employment relationship problem is between an employee and their employer. It includes a personal grievance or a dispute about the meaning or application of any provision of the employee’s employment agreement.
The Ministry of Business, Innovation and Employment (MBIE) has information about employment rights and obligations in the Employment New Zealand website.
As required by the Employment Relations Act 2000, the following information is a plain language explanation of the services available for resolving employment relationship problems. This will form part of the individual employment agreement between you (employee) and your school board of trustees (employer).
Employment Relationship Problem ResolutionPersonal grievances#
An employee may have a personal grievance where:
- they have been dismissed without good reason, or the dismissal was not carried out properly
- they have been treated unfairly
- their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer
- they have experienced sexual or racial harassment, or have been discriminated against because of their involvement in a union or other employee organisation, or have suffered duress over membership or non-membership of a union or other employee organisation
- they have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Act 1993
- they have been treated unfairly on the ground that the employee is suspected or assumed or believed to be a person affected by family violence
- they have been subject to adverse conduct for a prohibited health and safety reason
- they have been retaliated against, or threatened, because the employee intends to make or had made a protected disclosure.
When to notify a personal grievance#
If an employee believes they have a personal grievance, they must notify the employer:
- within 90 days from the date when the alleged action giving rise to the grievance occurred
- or when it first came to the employee's notice, whichever is the later date.
If the personal grievance is about sexual harassment, notification must be within 12 months.
What the notification must include#
The personal grievance must be raised in such a way that the employer fully understands that a grievance has been raised and the reasons for it.
The employee must clearly state what their complaint is and the reasons why they believe they have a grievance. It is best to do this in writing so that everyone is clear.
The employee must give enough detail about the problem for the employer to respond to the issues. If the employee does not raise the grievance clearly enough, or with enough details, it could mean that they are unable to take legal action.
The employee should keep a copy of the letter or email for reference. If they raise the grievance verbally, both the employee and their employer should take notes of what was said in case there is a dispute later.
Resolving an employment relationship problem#
Before taking further steps, and where appropriate, both the employee and employer should try to resolve any workplace issue by discussing and reaching an agreement within a reasonable timeframe.
Both the employee and employer can have a representative at any stage of the process.
MBIE provides information about how to resolve problems on the Employment New Zealand website.
How to resolve problems – Employment New Zealand
The Human Rights Commission | Te Kāhui Tika Tangata also offers a free and confidential dispute resolution service for complaints in employment about unlawful discrimination and other prohibited behaviours under the Human Rights Act. The Commission can help resolve complaints relating to breaches of human rights and privacy in employment, including:
- unlawful discrimination
- sexual or racial harassment.
If the problem relates to a type of discrimination that can be the subject of a complaint to the Human Rights Commission under the Human Rights Act 1993, the person can either take a personal grievance, or complain to the Human Rights Commission, but not both. If in doubt, advice should be sought before deciding.
Make a complaint – The Human Rights Commission | Te Kāhui Tika Tangata
Mediation#
MBIE provides a free independent mediation service to help resolve employment relationship problems and for smooth conduct of employment relationships.
The mediator will decide what type of mediation is needed, depending on:
- the nature of the problem
- the needs of the parties
- the importance of resolving problems promptly and effectively.
Any documents disclosed or statements made in the course of the mediation in relation to an employment relationship problem are confidential unless otherwise agreed.
Settlement#
Any settlement, whether reached in mediation or otherwise, will be submitted to mediation services for mediator sign-off, and is final, binding and enforceable. This means that neither party can take the matter any further and either party can be made to comply by court order.
More information on mediation, including how to apply for it, is available on the Employment New Zealand website.
Mediation – Employment New Zealand
Dismissal#
Employees who have been dismissed may ask the employer for a written reason for the dismissal within 60 days after the dismissal or after the date they become aware of it. The employer must give this written statement to the employee within 14 days after being asked.
How to get help with unresolved employment problems#
Either party is able to apply to the Employment Relations Authority (ERA) to investigate and determine any unresolved employment problems. Employees have 3 months after they first raised the personal grievance with their employer to lodge a claim with the Employment Relations Authority.
