Employment Relationship Problem. 44.1. An employment relationship problem includes a personal grievance, a dispute and any other problem relating to or arising out of an employment relationship.
44.2. Should an employee wish to raise a personal grievance, she/he must raise the grievance with the employer within 90 days from the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later.
44.3. The Employment Relations Act 2000 requires that this Collective Agreement have a plain- language explanation of the services and processes available to resolve any employment relationship problems. The parties to this Agreement wish to draw attention to the following procedure:
1.1.1. Employment relationship problems include:
a) A personal grievance (a claim of unjustifiable dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment, or duress in relation to membership or non-membership of a union).
b) A dispute about the interpretation, application, or operation of an employment Agreement.
c) Any other problems relating to or arising out of the employee’s employment relationship with the employer, except matters relating to the fixing of new terms and conditions of employment.
1.1.2. If you believe there is a problem with your employment relationship with the employer then you should tell the employee’s manager, either personally or through the employee’s union or other representative, as soon as possible that:
a) There is a problem; and
b) The nature of the problem; and
c) What you want done about the problem.
1.1.3. If for any reason you feel unable to raise the matter with the manager, other suggested contacts are: o E tū o NZ Nurses Organisation.
1.1.4. You have the right to seek the support and assistance of your union representative or information from the Ministry of Business, Innovation & Employment Mediation Service at any time.
1.1.5. We will try to resolve the matter through discussion with you and/or your union or representative.
1.1.6. If the problem cannot be resolved through discussion, then either you or the employer can request assistance from the Ministry of Business, Innovation & Employment which may provide mediation assistance.
1.1.7. If the problem is not resolved by mediation, you may apply to the Employment Relations Authority for investigation and determination.
44.4. In certain circumstances the decision of the Employment Relations Authority may be appealed by you or the e...
Employment Relationship Problem. Includes a personal grievance, a dispute, and any other problem relating to or arising out of an employment relationship, but does not include any problem with the fixing of new terms and conditions of employment (for example, bargaining or seeking a variation to an employment agreement).
Employment Relationship Problem. It is our policy to resolve any matter where an employee feels they have been unfairly treated at the earliest possible time after the event. If you think you have a problem you must advise us immediately and let us know what you would like to be done about it. If it is a grievance this must ordinarily be raised with us within 90 days of the incident or of you becoming aware of the issue. If we cannot resolve the problem with you, either of us may seek assistance from the Employment Relations Mediation Service and failing that, the Employment Relations Authority. Where there is a dispute over arrears of salary or entitlements to leave, you may also contact your union representative if you are a member or a labour inspector at the Department of Labour. The Employment Relations Service provides a toll-free enquiry line – 0800 800 863.
Employment Relationship Problem. The employee and employer should first make a reasonable effort to discuss the problem and settle it by mutual agreement. (If it’s a personal grievance, it must first be raised with the employer within 90 days - Personal Grievances are explained further below). An employee (or employer) has the right to be represented at any stage. When a problem arises, union members should contact their local NZEI Te Riu Roa field officer for advice and representation. Employers should contact NZSTA or other adviser/representative of choice. Personal Grievances A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising. 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 Xxx 0000.
Employment Relationship Problem. [1] This is an interlocutory application arising from a statement of problem seeking compliance orders and remedies for unjustified disadvantage grievances. Central to the dispute is the interpretation of Part 8 clauses 78, 80 and 83 of the parties 2013 collective agreement. [2] This decision deals with none of that. This determination deals with a multi-layered application by the second respondent involving a notice of objection to jurisdiction and an application for removal to the Employment Court. [3] The notice of objection to jurisdiction submits there is no employment relationship between the second respondent and the applicants and therefore I have no jurisdiction to hear this matter under s161Employment Relations Act 200 (ERA). [4] The application for removal submits there is an important question of law involving the employer status of an overseas parent company of a New Zealand subsidiary and its wide ranging implications, ‘lifting the corporate veil” and the law relating to triangular employment relationships. Further the Authority is not established to resolve complex legal issues more suited to the Court’s formal processes.
