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Employment Law: Dispute Resolution

Employment Law: Dispute Resolution Outline What can go wrong? Personal Grievances Legal Process Mediation ERA Employment Court Who can help? What can go wrong? Personal Grievance grounds Breach of contract Loss of wages Grounds for Personal Grievance Unjustified dismissal

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Employment Law: Dispute Resolution

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  1. Employment Law:Dispute Resolution

  2. Outline • What can go wrong? • Personal Grievances • Legal Process • Mediation • ERA • Employment Court • Who can help?

  3. What can go wrong? • Personal Grievance grounds • Breach of contract • Loss of wages

  4. Grounds for Personal Grievance • Unjustified dismissal • Constructive dismissal • Unjustified disadvantage • Discrimination • Sexual harassment • Racial harassment • Duress over union membership

  5. When can your employer dismiss you? • Serious misconduct • Must be a good reason • Must follow fair procedures

  6. Test of justification • Whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred.

  7. Procedural fairness • Sufficient investigation • Raised concerns before action • Reasonable opportunity to respond • Genuinely considered employee’s explanation

  8. Case study • David is employed as a secretary at Files and Things Inc. David used to have bleached hair but his new manager Georgina gave him a written warning about his appearance, and he dyed it a natural colour. • This week, Georgina criticised the way David was talking to clients and told him to “smarten up your act or you’ll be out of here”. David has tried to be more polite to clients but he is unsure what brought on Georgina’s criticism. • Yesterday, Georgina handed David a final written warning and a dismissal letter. The reason she gave for the dismissal was that “your appearance and attitude are not well-suited to an office environment”. • Does David have grounds for a personal grievance? What are these?

  9. Personal Grievances • Check employment agreement • Raise it • Who is it against? • 90 Days • Outline basis for grievance • Outline solutions

  10. Remedies • Reinstatement • Lost wages • Hurt and humiliation • Written reference • Agreement not to speak ill of each other • Apology

  11. Revisit case study • Dear Georgina, • I just wanted you to know that I intend to raise a Personal Grievance. The way you have treated me is completely crap and very unfair and you should not have fired me like you did. • Can we meet to discuss this on Monday at 9am? Please give me a call on (04) 499 2928 to arrange this. • Regards • David • What is missing from this personal grievance?

  12. Legal Process • Talking to employer • Mediation • Employment Relations Authority • Employment Court

  13. Talking to your Employer • Cheap and quick • Stay on topic • Notes • Support person • Stay calm • Leave if necessary

  14. Mediation • Don’t need a lawyer • Support person or people may be useful • Identify issues, points of agreement, find solutions • Can record settlements • Binding and confidential • Can reach alternative arrangements • Department of Labour: 0800 20 90 20

  15. Employment Relations Authority • Don’t need a lawyer • File a statement of problem • Facts causing problem • Steps take to try and solve problem e.g. mediation • What resolution you would like • Other relevant documents • ERA website: www.era.govt.nz • Preliminary conferences • The investigative meeting

  16. Employment Court • Lawyer advisable • Stricter rules of evidence • Re-do entire case • 28 days

  17. Other options • Human Rights Commission • Labour inspectors • Minimum entitlements • DoL: 0800 20 90 20

  18. Who can help? • Your Community Law Centre • Other local services • Department of Labour • 0800 20 90 20 • www.dol.govt.nz • Employment Relations Authority • www.era.govt.nz • 04 915 9550 • Support person

  19. Questions?

  20. THANK YOU

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