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How do I Manage a Dispute with an Employee?

What is a Dispute?

This is where an employer and employee can't agree about what an employment agreement means or how it should be interpreted, how it should be applied, or how it should operate.

Who can Initiate Dispute Proceedings?

Any person bound by the employment agreement or any party to the agreement may pursue the dispute.

If the dispute relates to a collective agreement, the person or party pursuing the dispute must ensure that all union and employer parties to the agreement have notice of the existence of the dispute.

How do I Initiate Dispute Proceedings?

Disputes should be directed to the Employment Relations Infoline at www.ers.dol.govt.nz in the first instance.

You will need to fill out a Statement of Problem form - explaining in ordinary language (there is no need to use legal terms) what the problem is, what the facts are and how you would like the problem to be resolved. Send the form to the Authority together with an application fee of $70.00.

The Authority will send a copy of the statement to the other party who then has 14 days to provide a Statement of Reply - their version of what the problem is and what has been done to try and resolve it.

Once the Authority has this information they will investigate the dispute. This could involve:

• Calling for evidence from either party, or any other person connected to the dispute, or interviewing any of these people
• Holding investigation meetings
• Referring the parties to mediation. Even if they have already tried mediation, the Authority can send the parties back if they believe that this could help solve the problem.

Get in Touch with Jump

If you need help, or you answered no or unsure to any of the questions in the assessment tool, then Jump Business Solutions can help you. Phone us on +64 6 754 8987 or +64 27 450 5271 or email info@jump4biz.com and Jump will come to you, discover your needs, and develop a solution that will create real, long-term and positive change for you and your business.