Chances are it’s only a matter of time before your business faces an employment relationship problem.
Do you know how to handle a personal grievance claim?
An employment relationship problem, personal grievance or dispute can arise at any time during, or arising from, the termination of employment. An employee can raise a personal grievance for:
- unjustified or constructive dismissal;
- disadvantage caused by some unjustifiable action by the employer;
- sexual harassment;
- racial harassment;
- duress in relation to membership or non-membership of a Union;
- breaches of Part 6A of the Employment Relations Act.
Employment disputes also commonly occur as a result of the application, interpretation, and enforcement of the employment agreement.
If a personal grievance or dispute is raised, it is in both parties best interests to resolve it quickly. Expectations of what is considered a reasonable outcome will vary greatly between the parties, and this is where engaging experienced representative becomes key. Prolonged lack of resolution of an employment relationship problem can result in significant costs and stress for both parties. Employers may also experience a loss of productivity and a negative impact on workplace morale, all of which is best to avoid!
Around half of all employment relationship problems are resolved informally, without the need of assistance from the Mediation Service provided by the Ministry of Business, Innovation and Employment, or the Employment Relations Authority. This is the ‘ideal’ that we aim for, and is an outcome we frequently assist our clients to achieve.
“Paul Diver Associates provide personal grievance, dispute resolution and advocacy services, risk assessments and legal opinions, facilitated negotiations, representation at Mediation and the Employment Relations Authority, settlement agreements, employee exit packages, and everything in between. We focus on assisting our clients to achieve a prompt and fair resolution to their employment relationship problem, maximising any win-win opportunities that may be available”.
Mechanisms for resolving disputes
- Direct negotiation
- Facilitated negotiation
- Employment Relations Authority
- Employment Court
- Court of Appeal
Let us advise and represent you through your next employment dispute. You’ll be amazed at what outcomes can be achieved and how seamless the process can be when you engage the right advocate. Contact us for a risk assessment and a dispute resolution strategy.