The objective is to resolve all employment relationship problems early and at the lowest level possible.

An employment relationship problem is any problem relating to, or arising out of, the employment relationship including a personal grievance or dispute but not problems relating to the setting of the terms and conditions of employment.

Initially the employee should raise the matter with their manager. Where that does not result in the matter being resolved, or the employee considers there are reasons which make it inappropriate to raise it with their manager, the matter should be referred to the next highest level of management.

Clarify the problem

If an employee feels that 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.

The employee should discuss the situation with someone else to clarify whether a problem exists and if a resolution can be achieved. In doing so, care should be taken to respect the privacy of other employees and managers, and to protect confidential information belonging to the employer.

Note that if the problem involves harassment then refer to the Harassment Complaints Procedure.

Representation

At every stage of the resolution process the employee is entitled to have a representative working on their behalf to try to resolve the problem.

If the problem remains unresolved after discussion then a number of other options exist.

The employee can contact the Ministry of Business Innovation and Employment, who can provide information and/or refer them to mediation. Mediation may be provided by the Ministry, or by agreement of the parties an independent mediator may be appointed.

If agreement is reached by both parties the matter stops with the agreed outcome.

Depending on the nature of the problem, the issues involved may also be ones that a Labour Inspector employed by the Ministry of Business Innovation and Employment can assist with i.e. minimum statutory entitlements such as holidays or arrears of wages provisions.

Employment Relations Authority

If the problem is not resolved, then the employee can apply to the Employment Relations Authority for assistance. The Authority can either direct the parties to mediation, or it can formally investigate the problem and issue a determination.

If the employee is not happy with the Authority’s determination, the problem can be referred to the Employment Court and then ultimately on to the Court of Appeal.

Time Limit

If the problem is a personal grievance, then it must be raised within 90 days of when the facts that give rise to the grievance occurred or came to the employee’s attention. A personal grievance can only be raised outside this time frame with the agreement of the employer, or in exceptional circumstances as determined by the Employment Relations Authority.

Refer to flowchart of the process for resolving employment relationship problems.