Disputes resolution procedure must be included in staff contract

Question

As an employer, I have been reviewing my staff contracts to bring them into line with the Employment Relations Act. Under the Act, all individual employment contracts must contain a plain language explanation of the services available for the resolution of employment relationship problems, including personal grievances and disputes. I have looked everywhere in the Employment Relations Act, but cannot find any procedure for this. The Employment Contracts Act had a procedure in the First and Second Schedules. Am I going blind, or has it been missed out?

Answer

The Employment Relations Act does not have a procedure, similar to the First and Second Schedules of the Employment Contracts Act, that sets out the procedure for dealing with employment relationship problems.

Instead, there is a requirement that all individual employment contracts must contain a plain language explanation of the services available for the resolution of employment relationship problems. The services available include those provided by the new Mediation Service (including mediation assistance), and the Employment Relations Authority.

This change appears to be deliberate as it is consistent with the new Act's objectives which include recognising "that, if problems in employment relationships are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available at short notice to the parties to those relationships (s.143(c)), and "that procedures for problem solving need to be flexible" (s.143 (d)).

As a result, there are no longer any formal procedures for dealing with employment relationship problems, including personal grievances and disputes. A simple telephone call or fax to the Mediations Service will start things in train.

Information about the new Act can be obtained from the Department of Labour Info Line (Ph 0800-800-863) or the Department's web site at www.ers.dol.govt.nz . The Mediation Service may be contacted at (04) 915- 4590 or fax (04) 915-4592.

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