Solving employment relationship
problems in ACC
What is an employment relationship problem?
An employment relationship problem is a problem between you and your
manager or between you and another ACC employee or between you and
ACC. It includes a personal grievance, dispute or other problem relating to
or arising out of your employment relationship.
An employment relationship problem does not include any problem
concerning the setting of new terms and conditions of your employment.
Nor does it include an issue you may have with the tasks, responsibilities
and functions of your position or with your manager expecting you to
achieve these duties.
Listed below are examples of employment relationship problems:
•
You think you have been treated unfairly;
•
A breach of your employment agreement;
•
A personal grievance;
•
A dispute over the interpretation, application or operation of your
employment agreement;
•
A question about whether you are an employee or an independent
contractor;
•
A disagreement about arrears of wages or holiday pay etc;
•
Your not being allowed to attend union meetings or take
employment related education leave; or
•
You get a warning, or are dismissed.
What is a personal grievance?
A personal grievance means any grievance that you have against ACC
because of a claim that:
•
You have been unjustifiably dismissed;
•
Action ACC has taken disadvantages you in your employment or a
term of your employment is unjustifiable;
•
You are discriminated against in your job;
• You are sexually harassed in your job;
• You are racially harassed in your job; or
• You have been pressured in your job because of your membership or
non-membership of a union or employees’ organisation.
• A personal grievance must be raised with your Manager within 90
days of the event.
Employment relationship problem resolution process
in ACC
Step 1 Clarify the problem
If you believe there may be a problem in the employment relationship, the
first step is to check the facts and make sure there really is a problem, and
not simply a misunderstanding.
You might 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 Ministry of Business, Innovation and Employment (cal them on
0800 20 90 20 or through their website
at www.dol.govt.nz/er/solvingproblems/index.asp)
• pamphlets/fact sheets from the Department of Labour
• your union (if you are a union member), a lawyer, a community law
centre or an employment relations consultant.
• You raise an allegation against a colleague or manager which is of a
disciplinary nature; and
• there is some evidence that can be referred to, to support the
allegation you have made.
An investigation wil not normal y be appropriate if the problem you raised
relates to a decision ACC made to issue a warning or to dismiss.
If we are not able to resolve the problem through the steps above, a
number of options exist:
Step 2 Discuss the problem
If you believe there is a problem, raise it as soon as possible. This can be
done in writing or verbally. Provided you feel comfortable doing so, you
should ordinarily raise the problem with your direct manager. If this is not
possible, you may raise the problem with their manager, or another
appropriate manager.
A meeting will usually then be arranged where the problem can be
discussed between appropriate parties. You are entitled to bring a
representative or support person with you to the meeting if you wish.
When raising a problem for discussion it is helpful if you can do so in
writing and outline solutions that you consider may resolve it.
The parties will then try to establish the facts of the problem and discuss
possible solutions. This is likely to include an exchange of views about the
nature of the problem and possible solutions.
Your manager (or other appropriate manager) may wish to seek advice or
consider further information to assist them in addressing your problem.
They may seek assistance or information from People Services, their own
manager, a specialist (if applicable), or another person involved in the
problem. They may also wish to gather information including
documentation to understand the issue you have raised. It may be that
discussions take place over more than one meeting if progress is being
made.
The manager may refer the problem on to a more senior manager or
People Services if they believe someone more independent would be better
placed to resolve it.
If you agree to a solution it is helpful if this is documented so it can be
referred back to if required. If you are satisfied with the solution this is the
end of the process.
Step 2a Investigation of the problem
Depending on the nature of the problem, it may be appropriate for an
investigation to be conducted into the issues you have raised. An
investigation is likely to be appropriate in the following circumstances:
• You raise an allegation against a colleague or manager which is of a
disciplinary nature; and
• there is some evidence that can be referred to, to support the
allegation you have made.
An investigation wil not normal y be appropriate if the problem you raised
relates to a decision ACC made to issue a warning or to dismiss.
If we are not able to resolve the problem through the steps above, a
number of options exist:
Next steps
• Either party can contact the Ministry of Business, Innovation and
Employment, who can provide information and/or refer the parties to
mediation.
• Depending on the nature of the problem, the issues involved may
also be ones that the Labour Inspectors employed by the Ministry of
Business, Innovation and Employment can assist with, ie minimum
statutory entitlements such as holiday, leave or wages provision.
• Either party can take part in mediation provided by the Ministry of
Business, Innovation and Employment (or the parties can agree to get
an independent mediator).
• If the parties reach agreement, a mediator provided by the Ministry
of Business, Innovation and Employment can sign the agreed
settlement, which wil then be binding on the parties.
• The parties can both agree to have the mediator provided by the
Ministry of Business, Innovation and Employment decide the
problem, in which case that decision will be binding;
• If mediation does not resolve the problem, either party can refer the
problem to the Employment Relations Authority for investigation.
• The Employment Relations Authority can direct the parties to
mediation, or can investigate the problem and issue a determination.
• If one or other of the parties is not happy with the Employment
Relations Authority's determination, they can refer the problem to the
Employment Court.
• In limited cases, there is a right to appeal a decision of the
Employment Court to the Court of Appeal and to the Supreme Court.
Document Outline
- What is an employment relationship problem?
- What is a personal grievance?
- Employment relationship problem resolution process in ACC
- Step 1 Clarify the problem
- Step 2 Discuss the problem
- Step 2a Investigation of the problem
- Next steps