There must be a good reason for your employer to discipline and must follow a fair process. If your employment contract does not provide for discipline, your employer must still follow a fair process. An employee, including those in a triangular employment situation, may file a complaint if they: Triangular employment is when you are employed by an employer, but spend your day directly for someone else – for example, you are employed by a rental company but work daily for another company on a construction site. It can be a short-term or long-term agreement. The ERA helps resolve employment relationship issues by reviewing the facts and making a decision based on the merits of the case rather than technical details – if the employee makes everything available to their representative to file the complaint and the representative does not do so in time; or health reasons preventing the employee from submitting the complaint in good time; either the employment contract, which does not explain the possibilities of lodging a complaint, including the failure to establish a 90-day time limit; or ¢ if you do not state the reasons for termination in writing after you have been asked to do so. Employees in a triangular employment situation are employees of one employer, but perform work for another company or organization (the third party), for example: Temporary work, “temporary work” or secondment. If you think you`re not getting what you`re legally entitled to (such as paid vacation or minimum wage), a labour inspector can check whether your job meets minimum employment standards and laws. Under the new “triangular work” law, workers employed by temporary employment agencies who are treated unfairly by the company that monitors them on a daily basis (the “controlling third party”) can now lodge a personal complaint with the Industrial Relations Office, not only against the temporary employment agency, but also against the controlling third party. The Industrial Relations Act 2000 places greater emphasis on the resolution of labour disputes, including personal complaints, than the previous Mediation Act.
Under the old law, a person who filed a personal complaint with the Labour Court (replaced by the Labour Relations Authority) had the option of choosing mediation or “judgment” (a formal hearing). However, under the Industrial Relations Act 2000, mediation is a mandatory first step in all cases before the Authority. Before a problem becomes a personal complaint, it must first be discussed informally between you and your employee. If the issue is still not resolved, the employee may consider moving the file forward. An employee must file a personal complaint with his or her employer within 90 days of the date on which the complaint arises or becomes aware of it. It is important to note that a personal complaint does not need to be made in writing, so if an employee comes to you with concerns about their job, you should ask them to put them in writing and explain what their specific concerns are and the outcome they hope to achieve. Employees should first talk to their employer to resolve issues. Trying to resolve the issue informally can first help maintain the positive employment relationship.
Some grievances are resolved by financial compensation. Others are resolved by apologies. The parties could either try to resolve the issues among themselves or have a mediator, such as the employment service or a private mediator, attend the meeting. The New Zealand employment website contains an additional article on personal complaints. You can follow the process described below or hire us to help you. Can`t decide which way to go? Your first calls are free, so contact us on 0800-HELP-ME (0800 435 763) or Danny directly on 021 77 1919 or even email@example.com and you can then decide if you want our help or if you want to do it yourself. The Employment Relations Authority was established by the New Zealand Industrial Relations Act 2000 (which came into force on 1 October 2000) and replaced the Employment Tribunal. Under the Labour Relations Act 2000, greater emphasis is placed on mediation in dealing with personal complaints and other employment matters.
the Industrial Relations Authority also has a more informal investigative function than the old tribunal. The authority has a great deal of leeway to decide on an issue. It is primarily an investigating authority whose task is to resolve employment problems by establishing the facts and taking a decision on the main merits of the case, regardless of the technical aspects. For example, it may interview one of the parties or another person before, during or after an investigative meeting. However, before submitting your complaint to the authority, you can ask for mediation assistance to resolve the issue. The Industrial Relations Department of the Ministry of Labour provides mediation services as well as general information and assistance in resolving personal complaints and other employment-related disputes: contact them on 0800 800 863. If the matter is referred to the Industrial Relations Authority, you will generally be referred to mediation in all cases. Mediation is a technique that allows parties to settle their differences with the help of an employment agency. A mediator can talk to both parties together or separately. The mediator should listen to both sides of the coin, clarify the needs of each party, encourage the parties to discuss together how they see the situation, and help the parties find a solution acceptable to both. For example, if an employee is dismissed, they have 90 days from the end of their employment to file their complaint.
However, it is advisable that you address the complaint in writing, indicating the nature of the complaint, the relevant facts and what you intend to do to resolve it. Assuming you have been fired, believe you have a legitimate personal complaint, notified your former employer in writing within 90 days of the event, or less than 90 days have passed since the event, we recommend the following steps: This means that you need to write a letter to your employer with facts about the nature of the behavior, This upset you and asked him to fix it for you. If the industrial relations authority decides that the temporary employment agency and the controlling third party are jointly responsible for what happened, it may order that both parties pay compensation commensurate with the level of responsibility of each individual. To make a claim, follow the steps on the ERA website. The third party (controlling third party) can be added to a personal claim if their behavior or actions contributed to the problem. This can include actions and behaviors such as bullying, harassment or discrimination. In this situation, the employer (agency) and the third party may be responsible for providing the employee with a remedy (compensation). While mediation used to be a formal procedure and usually consisted of a hearing in the offices of the Labour Court, under the Industrial Relations Act 2000 it can be a more flexible and informal procedure, giving mediators broad discretion to decide exactly what form mediation should take.