RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. This clause sets out how employment relationship problems are to be resolved.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. An “employment relationship problem” includes:
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. An “employment relationship problem” includes: • A personal grievance • A dispute • Any other problem relating to or arising out of the employment relationship but does not include any problem with negotiating new terms and conditions of employment.
a) Where an Employment Relationship Problem arises, the parties will in the first instance seek to resolve it between the immediately affected parties. If the Employee believes that they have an employment relationship problem, they are encouraged to raise the problem with the Employer, either through their Manager or the CEO if that is not appropriate. Both parties will try and resolve the problem promptly, fairly and confidentially.
b) The Employee is entitled to seek representation at any stage during the process. Help with an employment relations problem is available from within the workplace (Employee manager) or outside the workplace (Ministry of Business, Innovation and Employment 0800 20 90 20), or a union, an advocate or a lawyer.
c) If the matter is unresolved either party is entitled to seek mediation from the Ministry of Business, Innovation and Employment (0800 20 90 20) or refer the matter to the Employment Relations Authority. (Both mediation and investigation by the Authority are services available for the resolution of employment relationship problems.)
d) If the employment relationship problem is a personal grievance, the Employee must raise the grievance with the Employer within a period of 90 days beginning with 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 latter.
e) Where any matter comes before the Authority for determination, the Authority must normally direct the matter to mediation in the first instance. Where mediation has failed or been deemed inappropriate in the circumstances, the Authority will then have the power to investigate the matter.
f) If the employment relationship problem relates to discrimination or sexual harassment, services available for the resolution of the problem include either application to the Authority for the resolution of this grievance or a complaint under the Human Rights Xxx 0000, but not both.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. Definitions [under the Employment Relations Act]
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. 30.1 An “employment relationship problem” includes:
a. A personal grievance
b. A dispute
c. Any other problem relating to or arising out of the employment relationship.
30.2 Where an Employment Relationship Problem arises the parties will in the first instance seek to resolve it between the immediately affected parties. Further to this:
a) The Employee will be provided the opportunity to be represented by their union or other such support person of their choosing at any time during the resolution process.
b) If the matter is unresolved either party is entitled to seek mediation from the Ministry of Business, Innovation and Employment or refer the matter to the Employment Relations Authority. (Both mediation and investigation by the Authority are services available for the resolution of employment relationship problems.)
30.3.1 A “personal grievance” means a claim that you:
i) have been unjustifiably dismissed; or
ii) have had your employment, or your conditions of employment, affected to your disadvantage by some unjustifiable action by The employer; or
iii) have been discriminated against in your employment; or
iv) have been sexually harassed in your employment; or
v) have been racially harassed in your employment; or
vi) have been subjected to duress in relation to union membership.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. Definitions An Employment Relationship Problem is any problem relating to or arising out of the employment relationship between the employer and employee. This includes a formal personal grievance or dispute, but does not include matters concerned with the negotiation of an employment agreement.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. Employment relationship problems include personal grievances (i.e. claims of unjustifiable dismissal, unjustifiable disadvantage, sexual or racial harassment or duress in relationship to membership of a union or employees organisation), disputes about the interpretation, application or operation of an employment agreement, and any other problem arising out of the employment relationship between an employee and the employer not being a problem relating to the fixing of new terms and conditions of employment. An employee who believes he/she has an employment relationship problem should, with the assistance of TIASA if he/she chooses, raise the problem with his/her Manager or Human Resources. Both the employee and employer should try to resolve the matter in the interests of both parties as soon as possible. An employee who believes he/she has a personal grievance must raise the matter with the employer within 90 days of the grievance occurring or coming to the employee’s notice, whichever is the latter. A written submission is strongly recommended. The employer will attempt to resolve the matter through discussion of the facts so that any assumptions or misunderstandings can be resolved. This can be done directly or through the employee’s representative. The employee is encouraged to have a TIASA representative, friend, relative or colleague with them during the discussion. If resolution is not achieved through discussion, either the employee or the employer or both parties jointly, may apply for mediation assistance from theMinistry of Business, Innovation and Employment. If resolution is not achieved through mediation, the employee may apply to the Employment Relations Authority for investigation and determination. In certain circumstances the decision of the Employment Relations Authority may be appealed by the employee or the employer to the Employment Court.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. The procedures set out in Schedule C of this Agreement outline the procedure for resolving employment relationship problems including personal grievances and disputes about the interpretation, application or operation of this Agreement.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS.
26.1 Where the University is advised of the existence of an employment relationship problem (the “problem”) by the Employee, the University will discuss and attempt to resolve the problem directly with the Employee, in the first instance.
26.2 If the problem cannot be resolved between the parties directly, the Employee or the University may refer the problem to the Ministry of Business innovation and Employment for mediation. Where the problem cannot be resolved through mediation, the Employment Relations Authority may be asked to investigate and determine the problem.
26.3 If the Employee believes he or she has a personal grievance (the “grievance”), the Employee must raise this grievance with the University within ninety (90) days from the date of the alleged action giving rise to the grievance, or when the grievance came to his or her notice, whichever is the later.
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEMS. 16 PART 9 - REVIEWS AND ORGANISATIONAL CHANGE/SURPLUS STAFFING 16 PART 10 – UNION MATTERS 20
