Getting help with employment issues
Agreement in employment situations isn’t always possible yet stopping or avoiding communication rarely solves the situation either. Common employment issues we help clients with are:
- Employees requesting they are re-instated to their role because they were dismissed unfairly.
- Employers have caused an employee to feel humiliated or lose dignity in such a way, or to a level that could warrant financial compensation.
- An employer has unfairly withheld wages from an employee because of the actions they believe the employee took.
- Two employees not getting on in the workplace
- Social Media issues
- Bullying in the workplace
- Non performing employees
- Sexual harrassment
- Habitual absenteeism
- Prickly employees
Knowing your options
The first step in any disagreement is to try and resolve it before investigating other options. By looking at the relevant employment agreements in place and assessing the series of events that has led to the disagreement, we can advise you on what your options are and how to take the next step. This helps you set out the facts as you see them in the context of employment law.
Many times a personal grievance can be avoided through swift and open communication with the employee or employer in a respectful manner. Of the cases Accord has assisted with, over 90% are solved at this stage. Where this isn’t possible, we can help represent your point of view throughout a mediation process.
Resolution through mediation
Mediation is voluntary, confidential, expedient and is carried out by an impartial mediator provided by the Ministry of Business, Innovation and Employment. The mediator keeps the meeting focussed and assists parties to understand each other’s point of view before writing up an agreement as a binding record of settlement, if the parties agree to it. Having one of our team by your side at this stage who has helped you prepare your case can help you get an optimum outcome.
When mediation doesn’t work
If matters are not resolved at mediation, the Employment Relations Authority (ERA) accepts cases specifically relating to employment relationship problems, including personal grievances, and has the power to make legally binding decisions.
Neither the ERA application process or hearing procedures are straightforward and we strongly recommend advice at this stage. Our primary goal in disputes is to resolve them through facilitated communication or mediation where possible.