The Ministry for the Environment has the following employment agreements:
• Our Collective Employment Agreement (CEA)
• Individual Employment Agreement (IEA)
• Managers’ Individual Employment Agreement (MIEA).
Below are the relevant clauses for each of these agreements as they pertain to staff
complaints and the investigation process.
CEA
2.0 - Employment Relationship
2.1 - Employer’s Guiding Principles
• “...
• The Employers have a process to ensure complaints are fairly heard. The Employers
will seek to listen and understand rather than react unilaterally. The Employers will
not endeavour to apportion blame but they will undertake coherent investigation in
all matters and search for clear evidence in all matters ranging from disciplinary
matters to proposed organisation change.
• ...”
13.1. Problem Solving
If employment relationships are to be successful, it is important that the parties deal
effectively with any problems that may arise as soon as possible with the person or in the
workplace where they occur.
The Employer is committed to the prompt resolution of disputes.
Where possible, Employees should first raise any issue directly with their manager to try
and resolve the issue informally. If Employees are unable to resolve the issue with their
manager, then they should raise with their one-up manager, or should approach the P&C
team or your PSA representative to talk through options to resolving issues.
The P&C team and/or PSA representative may be asked by either your manager or yourself
to assist and support you through this process.
If you or the Employer are having difficulties in resolving the problem then either can
contact the Ministry for Business, Innovation and Employment (MBIE) who provide a free
Mediation Service for assistance. Advice can be given via email, over the phone, or by a
visit to the office — whichever is the most convenient. You also have the option of getting
advice through your own sources.
Members can refer to MBIE's website which has guidelines detailing your employment
rights or contact the PSA via your delegates or through the PSA website.
You have 90 days to raise a grievance from the time the event, which caused the grievance,
occurred or when you became aware of the event. For sexual harassment, you have 1 year
to raise the grievance. In some circumstances you may be able to raise a grievance to your
employer later than 90 days (or 1 year for sexual harassment) – you should talk to your
union organiser.
In most circumstances the first course of action in resolving a Personal Grievance will be
through mediation. The next course of action after mediation is through the Employment
Relations Authority.
13.2. Disciplinary Principles
The Employer requires all disciplinary and dismissal matters be dealt with fairly, promptly,
consistently and in conformity with legislation, policy requirements and guidelines. Where
possible the focus will be on correcting unacceptable behaviour.
In the event of a discipline or dismissal process being implemented the following
principles apply:
· You will receive a fair hearing.
· You will be made aware of the right to representation and/or support and reasonable time
will be given to you to seek this representation and/or support.
· Any investigation will be conducted as soon as practicable and in a timely manner.
· You will be provided in writing the specific allegation/issue that is causing concern.
· You will have an opportunity to be heard, allowed to present your case, and respond to
allegations prior to any decisions being made.
· You will be made aware of the likely consequence if the allegation is proven.
· The person making the decision has the required delegated authority and all information
to make a decision.
IEA
3 Employment Relationship
“Our employment relationship is guided by good employment principles. We aim to have
positive employment relationships at all levels with all groups within the Ministry and
believe we will achieve this best by applying those principles and working together
collectively and cooperatively to achieve Ministry goals. We will be fair and reasonable with
one another in our dealings and accept personal responsibility for our actions.
We acknowledge that the Ministry is made up of diverse groups of employees that need
flexible solutions in order for their needs and issues to be dealt with in a fair manner.
...”
“14.1 Tukanga Whakawhiu - Disciplinary Process
The Ministry requires all disciplinary and dismissal matters be dealt with fairly, promptly,
consistently and in conformity with legislation, policy requirements and guidelines. Where
possible the focus will be on correcting unacceptable behaviour.
In the event of a discipline or dismissal process being implemented the following
principles apply:
You will receive a fair hearing.
You will be made aware of the right to representation by a union representative or another
legally qualified person.
Any investigation will be conducted as soon as practicable and in a timely manner.
You will be provided in writing the specific allegation/issue that is causing concern.
You will have an opportunity to be heard, allowed to present your case, and respond to
allegations prior to any decisions being made.
You will be made aware of the likely consequence if the allegation is proven.
The person making the decision has the required delegated authority and all information to
make a decision.
14.2 Tārewatanga - Suspension
In the event the Ministry wishes to investigate any alleged misconduct, it may, after
discussing the proposal of suspension with you, and if applicable your representative, and
considering your views, suspend you on pay whilst the investigation is carried out.
14.3 Whakataunga Raruraru Hononga Tuku Mahi - Employment Relationship Problem
Resolution
The Ministry is committed to the prompt resolution of disputes.
Where possible, employees should first raise any issue directly with their manager to try
and resolve the issue informally. If employees are unable to resolve the issue with their
manager, then they should raise with their one-up manager, or should approach the
People and Capability team to talk through options to resolving issues.
The People and Capability team may be asked by either your manager or yourself to assist
and support you through this process.
If you or the Ministry are having difficulties in resolving the problem then either can contact
the Ministry for Business, Innovation and Employment (MBIE) who provide a free Mediation
Service for assistance. Advice can be given via email, over the phone, or by a visit to the
office — whichever is the most convenient. You also have the option of getting advice
through your own sources.
Members can refer to MBIE's website which has guidelines detailing your employment
rights.
In the case of you having to raise a personal grievance with the Ministry, then you must do
so within 90 days of the incident occurring or you became aware of the incident occurring.
In most circumstances the first course of action in resolving a Personal Grievance will be
through mediation. The next course of action after mediation is through the Employment
Relations Authority.
14.4 Wā Pānui Wehenga Mahi - Notice Period
Four week's notice of termination must be provided in writing by the party giving notice,
except where the employee is being dismissed for serious misconduct, in which case no
notice is required. A lesser period of notice may be mutually agreed between you and your
manager.”
MIEA
5 – Responsibilities of the Employer
“The Ministry shall act as a good employer in all dealings with all its employees. A good
employer is one who treats Employees fairly and properly in all aspects of their
employment. The Ministry shall make Employees aware of the professional requirements
of their position as determined by the Ministry.”
14 – Termination of Employment
“...
The Chief Executive shall, when dealing with any instance of alleged misconduct involving
you, advise you of the specific matter or matters of concern and allow you a reasonable
opportunity to provide an explanation of the matter before deciding what action, if any,
should be taken against you. The Chief Executive may suspend you from duty, on pay,
pending an investigation of any matter under this paragraph. Where a suspension extends
beyond two weeks due to matters beyond the employer’s control, e.g. such as a police
investigation into your conduct, the suspension may continue without pay.
...”
20 – Employment Relationship Problem Resolution
“Personal grievances or disputes shall be determined in accordance with the Employment
Relations Act 2000 and its amendments.
The Ministry is committed to the prompt resolution of disputes. The employee should
always first raise any issue directly with their manager. The manager and employee will
then meet to discuss and try to resolve the issue informally. The Human Resources Group
[sic] may be asked by either the manager or the employee to assist in this process. If you
or the Ministry is having difficulties in resolving the problem then either can contact the
Department of Labour [sic] who provide a free Mediation Service for assistance. Advice
can be given via email, over the phone, or by a visit to the office – whichever is the most
convenient. You also have the option of getting advice through your own sources.
In the event you want to raise a personal grievance with the Ministry, then you must do so
within 90 days of the incident occurring. A personal grievance may arise where an
employee believes he or she has been unfairly treated or unjustifiably dismissed.
The next course of action after mediation is the Employment Relations Authority. Where a
party is dissatisfied with a decision of the Authority, it may apply to the Employment Court
for a judicial hearing. Any such application must be made within 28 days of the Authority’s
decision.”
