The Department of Labour provides an information service about employment rights and obligations. This service is free and is available by contacting an office of the Department of Labour or by phoning toll free 0800 209020. The Department of Labour's Employment Relations Service internet address is www.ers.dol.govt.nz and they can be contacted by e-mail at
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The Department of Labour provides an independent mediation service to assist in the resolution of employment relationship problems and the smooth conduct of employment relationships generally. The Department also offers mediation assistance for resolving any problems in fixing new terms and conditions of employment. These mediation services are free and are available by contacting an office of the Department of Labour.
Where mediation assistance has been requested, then the mediator will determine the type of mediation having regard to the nature of the problem, the needs of the parties and the importance of resolving problems promptly and effectively. Any documents disclosed or statements made in the course of the mediation in relation to an employment relationship problem are confidential unless otherwise agreed.
A settlement reached in mediation and signed by the mediator at the request of the parties is final, binding and enforceable. This means that neither party can take the matter any further and either party can be made to comply by court order.
If the parties cannot reach a settlement they can ask the mediator, in writing, to make a final and binding decision.
Either party has the right to apply to the Employment Relations Authority to investigate and determine any unresolved employment problems. Either party may have rights of appeal from a decision of the Employment Relations Authority to the Employment Court, and from there to the Court of Appeal.
Please note that under this agreement and under the provisions of the Employment Relations Act 2000, to pursue a personal grievance, one normally needs to have submitted it to the employer within 90 days. The 90 days starts from the earlier of either the day of the action being complained about, or on the day on which the action being complained about first came to attention.
One may submit a late grievance outside the ninety days but if the employer does not consent to this, one would have to apply to the Employment Relations Authority for a ruling about whether or not a late claim may be submitted in what it regards as exceptional circumstances.
Also, some personal grievances can be pursued either as a personal grievance claim, or as a complaint under the Human Rights Act 1993, but not both.
Expert advice should be sought on all these matters if in doubt.
SPCA Schedule B: Employment Problem Resolution
