Employment Relations Policy
1. Policy
1.1 The Commission promotes a productive and positive work environment and aims to ensure
that consultation and cooperation are the basis for al relationships within the organisation.
1.2 However, we recognise that employment relationship problems may arise from time to time
that need to be resolved in an appropriate manner.
2. Definitions
Employment Relationship Problem
2.1 Employment relationship problems include disputes, personal grievances, and any other
problems relating to or arising out of the employment relationship.
Personal Grievance
2.2 A personal grievance has a special meaning under the Employment Relations Act 2000. An
employee may have a personal grievance if in their employment they have been:
• unjustifiably dismissed
• unjustifiably disadvantaged
• discriminated against
• sexual y harassed
• racial y harassed
• put under duress because of involvement or non-involvement in union activities.
Dispute
2.3 A dispute occurs when an employee disagrees with the way in which their employment
agreement has been applied or interpreted. It is different from a personal grievance.
3. Manager and employees responsibilities
3.1 It is the responsibility of both managers and employees to foster an environment of open
communication where problems can be resolved fairly, consistently and objectively.
3.2 It is expected that employees wil approach their manager in the first instance with any
employment relationship problem with the aim of resolving the issue as quickly and informal y
as possible.
3.3 If an employee is unable to resolve the problem with their manager then it is expected that
they wil approach an appropriate person within the Commission (for example, their manager’s
manager or the Manager Corporate Services), a union delegate, or the Employment Relations
Service within the Ministry of Business, Innovation and Employment.
4. Procedure
Personal grievance
4.1 An employee has 90 days to raise a personal grievance formal y with the Commission from the
time the event occurred or came to the notice of the employee. A third party such as the union
can help or act on behalf of an employee during the grievance process.
4.2 In exceptional circumstances employees may have longer than 90 days to put the grievance to
the Commission. This would only occur where:
• the employee was so traumatised by what happened that they could not raise the
grievance in 90 days
• the person acting on behalf of the employee did not put the grievance to the Commission
within the 90 days
• the employment agreement does not include a plain language explanation of the services
available for the resolution of employment relationship problems and personal grievances
• the Commission did not confirm in writing the reasons for the dismissal.
4.3 When an employee or their representative raises a grievance with the Commission, the
employee needs to state their grievance, the facts giving rise to the grievance and what action
they want taken. This should be done in writing and forwarded to the employee’s manager.
4.4 If a manager receives notice of a personal grievance they must contact the Manager
Corporate Services immediately for advice on how to proceed.
Dispute
4.5 Where an employee claims to have a dispute about their col ective employment agreement
they need to advise the union and the Commission who are parties to the agreement. The
disagreement may affect everyone else who is employed under the same col ective
agreement.
4.6 Where an employee claims to have a dispute about their individual employment agreement
they need to advise their employer.
4.7 An individual employee, an employee via their union or the Commission may take a dispute to
the mediation service for resolution.
Mediation
4.8 Where the employee and the Commission attend formal mediation it is up to the parties to
reach an agreement on the outcome. The mediator facilitates the process and helps both
parties to come to an agreement.
Employment Relations Authority
4.9 If at the end of mediation a resolution has not been reached either the employee or the
Commission could then proceed to the Employment Relations Authority. If the problem is
about a strike or lockout, or an injunction then the employee or an employee via their union
can lodge the issue with the Employment Court.
4.10 The Employment Relations Authority looks at the whole situation rather than the technicalities
of a case. It may send the parties back to mediation if it thinks that the parties have not gone
through, or utilised, mediation properly.
Employment Relations Policy – December 2018
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Employment Court
4.11 If the Employment Relations Authority arrives at a decision that either party does not agree
with an appeal may be made to the Employment Court. Appeals to the Employment Court
must be made within 28 days of the Employment Relations Authority making its decision.
Harassment or Discrimination
4.12 In cases of harassment or discrimination employees may take their grievance to the Human
Rights Commission or use the procedure under the Employment Relations Act, but they
cannot use both procedures to resolve the same matter.
Further information
4.13 Information about the employment relationship problem procedure is set out in the
employee’s employment contract. If an employee wants further information about these
processes they may contact:
• their Manager
• a Union
• an Employee Assistance Programme
• Manager Corporate Services.
5. Related policies, procedures, legislation, sites
Related Policies
• Health and Safety
• Managing Conduct and Performance
• EEO
Legislation
• Employment Relations Act 2000
• Human Rights Act 1993
• Protected Disclosures Act 2000
• Privacy Act 1993
• Crown Entities Act 2004
Useful Sites
• Ministry of Business, Innovation and Employment
• Employee Assistance
6. Policy status and approval
Version
Corporate Policy Manual December 2018 in 2022 policy template
Approval authority
Board
Approval date
December 2018
Policy owner
DCE, Enterprise Services
Revision cycle
3 yearly
Next review
TBC
Employment Relations Policy – December 2018
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