Employment Relations Disputes

Rationale: To ensure the management group and staff understand the process for resolving disputes regarding employment.

Policy and Procedure:

• All permanent teachers and support staff employed by Bright Beginnings have opportunity to settle employment disputes in a manner that supports their dignity and rights.
• Employees will have access to relevant information about employment issues from a variety of sources.
• This is the plain language explanation about the services available for resolving employment relationship problems as required by the Employment Relations Act 2000.
  • The Department of Labour provides mediation services that can assist Employers and Employees in resolving their employment relationship problems.
  • The Department of Labour’s services include:
    • Information about rights and obligations
    • Information about services
    • Assistance in resolving problems
  • The Department of Labour may deliver its services by:
    • Telephone
    • Internet
    • Email
    • Pamphlets, brochures, booklets or codes
    • Specialist problem solving assistance
• Procedure for settlement of personal grievances
  • If the Employee considers that they have grounds for a personal grievance they must raise the grievance with the Employer or a representative of the Employer.
  • The grievance must be raised within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the Employee, whichever is the later, unless the Employer consents to the personal grievance being submitted after the expiration of that period.
  • Where the Employer does not consent to the personal grievance being submitted after the expiration of the 90day period, the Employee may apply to the Employment Relations Authority for leave to submit the personal grievance after the expiration of that period.
  • Where a personal grievance has been raised with the Employer, the Employer must respond to the personal grievance within 14 days from the day the Employee has made the Employer aware (or as soon as the Employer ought to reasonably to be aware) that the Employee alleges a personal grievance that the Employee wants the Employer to address.
  • The Employer must either grant the remedies sought by the Employee or provide a written statement setting out the Employer’s view of the facts and the reasons why the Employer is not prepared to grant the remedies sought by the Employee.
  • If the Employee is not satisfied with the Employer’s written response or the Employer fails to provide a written response within the 14 day period, the Employee may refer the personal grievance to the Employment Relations Authority and the claim will be dealt with under the Employment Relations Act 2000.
• Procedure for settlement of disputes about the interpretation, application or operation of employment agreements.
  • If the Employee considers that they have a dispute about the interpretation, application or operation of their employment agreement, they must submit the dispute to the Employer or a representative of the Employer.
  • Where a dispute has been submitted to the Employer, the Employer or a representative of the Employer must respond to the dispute within a reasonable period of time.
  • The Employer must either grant the remedies sought by the Employee or advise why the Employer is not prepared to grant the remedies sought by the Employee. If the matter is not resolved, either party can ask the Department of Labour to help resolve the matter.
  • If the matter remains unresolved, either party may refer the dispute to the Employment Relations Authority, or the dispute will be dealt with under the Employment Relations Act 2000.