PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS Sample Clauses

PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. The Employment Relations Act 2000 requires that all collective and individual agreements contain a plain- language explanation of the services and processes available to resolve any employment relationship problems. The University and TEU have agreed on the following procedure.
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PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. The following procedure shall apply for resolving employment relationship problems as defined under the Employment Relations Act 2000, which does not include any problem with the fixing of new terms and conditions of employment. ▪ A personal grievance alleging unjustified dismissal, disadvantage, discrimination, sexual or racial harassment, or duress, may be initiated by the employee (or APEX on behalf of the employee). ▪ A dispute over interpretation, application or operation of this Agreement may be initiated by either the employee (or APEX on behalf of the employee) or the employer. ▪ Any other problem relating to or arising out of the employment relationship. The objective of this procedure is to ensure that the issue is raised at the source of the grievance or dispute so that the issue can be resolved promptly, in-house, if possible, without disruption to the work operations.
PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. The Employment Relations Act 2000 requires that all collective and individual agreements contain a plain-language explanation of the services and processes available to resolve any employment relationship problems. The University and the union have agreed on the following procedure.
PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. If the Employee thinks there is an employment relationship problem then this clause sets out some steps that may resolve the problem and services that that may be available to help. The Employee could: ▪ Talk to the Employer as soon as possible about the Employee’s concerns and what the Employee would like to happen. If this does not work then: ▪ Clarify the problem (by checking this employment agreement, talking to family and friends to make sure it is not just a misunderstanding); and ▪ Obtain information from the Department of Labour (whose contact details are at the end of this clause), or someone who works in the industrial relations area, or an advocate, or a lawyer, or the community law centre; and ▪ Use a support person or advocate to help you when talking to or meeting with the Employer; ▪ Talk or write to the Employer again making it clear that problem needs to be resolved (Putting the problem in writing may assist both parties to be clear about the problem). If this still does not resolve the problem then either party could; ▪ Use an outside person to assist. The parties may agree on who this is to be and how they are to be paid and whether they are to help the parties reach an agreement or to make a decision for the parties. This outside party may be a mediator provided by the Department of Labour. These mediators generally don’t make decisions for the parties but help them reach their own agreement but they can make decisions if both the Employer and the Employee agree. Both parties need to agree to attend mediation although the Employment Relations Authority may order the parties to attend mediation. If the parties reach a written agreement and get it signed by a Department of Labour mediator then it will bind both parties. If the problem is still not resolved then either party can refer the matter to a tribunal called the Employment Relations Authority who will make a decision (but may refer the parties back to mediation). A party unhappy with the decision of the Authority may file in the Employment Court. If the problem is a personal grievance, then the Employee must raise it with the Employer within 90 days after the action complained of, or the date the Employee became aware of it, unless there are exceptional circumstances. (A personal grievance may arise where an employee believes he or she has been unfairly treated or unjustifiably dismissed.) The Department of Labour provides assistance through the Employment Relations Service that pr...
PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. Labtests Auckland Limited will assist wherever possible to resolve problems arising from the employment relationship. Labtests Auckland Limited's procedures will be followed with a view to ensuring fairness and equity at all times.
PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. Refer to Early Resolution Policy. 12.1.1 Employment relationship problems include personal grievance (i.e. claim of unjustifiable dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment, or duress in relation to membership of a Union or Employee association); disputes about the interpretation, application or operation of an Employment Agreement; and any other problem arising out of the employment relationship between the Employee and the Employer, not being a problem relating to the fixing of new terms and conditions. 12.1.2 An Employee who believes he or she has an employment relationship problem should, with the assistance of TEU if he or she so chooses, raise the problem with his/her manager, that manager’s manager, his or her Head of School or Human Resources. 12.1.3 Both the Employee and Employer should try to resolve the problem by taking a win-win approach and, if suitable, use the University’s Employee Early Resolution Policy in an attempt to reach resolution.
PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS. The following procedure shall apply for resolving employment relationship problems as defined under the Employment Relations Act 2000, which does not include any problem with the fixing of new terms and conditions of employment.  A personal grievance alleging unjustified dismissal, disadvantage, discrimination, sexual or racial harassment, or duress, may be initiated by the employee (or NZMLWU on behalf of the employee).  A dispute over interpretation, application or operation of this Agreement may be initiated by either the employee (or NZMLWU on behalf of the employee) or the employer.  Any other problem relating to or arising out of the employment relationship. The objective of this procedure is to ensure that the issue is raised at the source of the grievance or dispute so that the issue can be resolved promptly, in-house, if possible, without disruption to the work operations.
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  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

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  • Complaints Procedure (a) A formal complaint must be submitted in writing within six months of the last alleged occurrence. (b) A complaint must be submitted through the Union and/or directly to the Executive Director (or the equivalent or designate). When the Executive Director has received a complaint, they will notify the respondent and the union staff representative of the substance of the complaint in writing within 15 days. (c) The complaint must contain the specific instance(s) and date(s) that the alleged harassment occurred, the names of any witnesses, an explanation of how the action constitutes a violation of Article 29 (Harassment), and the remedy sought. (d) The Executive Director or their designate will investigate the complaint and will complete their report in writing within 30 days. (e) The Employer will take action to resolve the complaint within 10 days of receiving the investigator's report. (f) The Employer will advise the respondent, the complainant and the Union in writing of the substance of the investigator's report and the resolution of the complaint. (g) If the resolution involves separating employees, reasonable efforts will be made to relocate or reschedule the respondent. The complainant may agree in writing to be transferred or rescheduled. (h) If the resolution involves separating an employee and a respondent who is not an employee, reasonable efforts will be made to remedy the situation. (i) If the respondent is the Executive Director (or equivalent), or where there are possible systemic issues or multiple complaints, the following process will be used: (1) The complainant will contact the Union. (2) As soon as possible but within 30 days the Union will notify the Executive Director (or equivalent) and CSSEA. Clause 29.4 (a) and (c) apply to the notice. CSSEA will inform the Employer's Board of Directors. (3) CSSEA and the Union will appoint either Xxxxx Xxxxx or Xxxxxx Xxxx to resolve the complaint. (The person appointed is referred to below as "the Appointee".) (4) After consultation with the parties involved, the Appointee will establish the process to resolve the complaint. The process may include - at the Appointee's discretion - any of the following (or any combination of them): fact-finding, mediation, making recommendations or a full report, or conducting an expedited arbitration. In exercising their discretion with respect to the process, the Appointee will consider the parties' desire that the process be fair and expeditious, that it minimizes disruption in the workplace, that it respects individual privacy to the degree possible in the circumstances, and that it keeps costs to a reasonable level. The Appointee will submit any report or recommendations to CSSEA and the Union. The report and recommendations will remain confidential, except for distribution to the Employer's Board of Directors, the complainant and the respondent. The Appointee may stipulate conditions she/he deems appropriate with respect to distribution. Any outcomes of the process are without prejudice or precedent for other proceedings. (5) The Appointee's fees and expenses will be shared by the Employer and the Union. (j) The Employer may take appropriate action, including discipline, against a complainant if the investigation determines that the complaint is frivolous, vindictive or vexatious.

  • Central Dispute Resolution Committee a) There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2) representatives from each of the central parties, and two (2) representatives of the Crown. b) The Committee shall meet at the request of one of the central parties. c) The central parties shall each have the following rights: i. To file a dispute as a grievance with the Committee. ii. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown. iii. To withdraw a grievance. iv. To mutually agree to refer a grievance to the local grievance procedure. v. To mutually agree to voluntary mediation. vi. To refer a grievance to final and binding arbitration at any time. d) The Crown shall have the following rights: i. To give or withhold approval to any proposed settlement between the central parties. ii. To participate in voluntary mediation. iii. To intervene in any matter referred to arbitration. e) Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee. f) It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly. g) Each of the central parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

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