How We Work Together - IEA 2017 - Disputes and Personal Grievance Issues and Problems

How We Work Together - IEA 2017 - Disputes and Personal Grievance Issues and Problems



Applies to: All Noel Leeming Team Members

Employment Relationship Problems


Definitions
Employment Relationship Problem includes a personal grievance, a dispute, and any other problem relating to your employment. However, it does not include any problem to do with the negotiation of new terms and conditions of employment.
Dispute means a disagreement about the interpretation, application or operation of your employment agreement.
Personal Grievance means a claim by you against the Company that:
  • You have been unjustifiably dismissed; or
  • You have been disadvantaged in employment by an unjustifiable action of the Company, or
  • You have been discriminated against in employment; or
  • You have been racially or sexually harassed in employment; or
  • You have been subject to duress because of membership or non-membership of a union or employee organisation.
Raising an Employment Relationship Problem
Where you consider you have an employment relationship problem the matter should be discussed with your manager or ‘Ask People Support’ on 27577 or askpeoplesupport@twgroup.co.nz at the earliest opportunity, in an endeavour to resolve the matter promptly by direct discussion.
If the matter still remains unresolved, you can contact the Mediation Service of the Ministry of Business, Innovation and Employment. If the issues are not resolved at mediation, they may be referred to the Employment Relations Authority.

Time Limit for Raising a Personal Grievance
If you wish to raise a personal grievance, you must do so within 90 days of the date when the alleged grievance occurred or came to your attention, whichever is the later. The grievance is ‘raised’ as soon as you have informed the Company that you consider you have a personal grievance you want addressed.
The Company may agree to the matter being raised outside the 90 day period. You may also make application to the Employment Relations Authority for permission to raise the matter outside the 90 day period.

Choice of Procedure
In circumstances involving discrimination or harassment, as an alternative to the procedures in the Employment Relations Act 2000, you have the option of laying a complaint under the Human Rights Act 1993. You should seek independent advice on the options. Such advice may be obtained from the Human Rights Commission or the Mediation Service of the Ministry of Business, Innovation and Employment.

Statement of Reasons for Dismissal
In the case of alleged unjustifiable dismissal, you are entitled to request that the Company provide you with a written statement giving the reasons for the dismissal. You are required to make this request to the Company within 60 days of being dismissed or becoming aware that you have been dismissed. The Company must provide you with that written statement within 14 days of receiving your request.

Other Options
In the event the matter is not resolved by mediation, the matter may be referred to the Employment Relations Authority for decision. Either party may appeal a decision of the Employment Relations Authority to the Employment Court.

Remedies for Personal Grievance
Where the Authority or Court determines that you have a personal grievance, the following remedies may be applied:
  • Reinstatement to your former position or a position no less advantageous,
  • Reimbursement to you of the lost remuneration (usually limited to three months),
  • Payment of compensation for humiliation, loss of dignity and injury to feelings; or compensation for loss of any benefit, and
  • Special recommendations in the case of sexual or racial harassment.




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