Procedure for Resolving Employment Relationship Problems and Personal Grievances

The Employment Relations Act 2000 requires that all collective and individual employment agreements contain a plain-language explanation of the services and processes available to resolve any employment relationship problems. The University and the staff unions have agreed on the following procedure and wish to draw it to the attention of all existing staff.

  1. Employment relationship problems include:
    • a personal grievance (a claim of unjustifiable dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment, or duress in relation to membership or non-membership of a union or employee organisation).
    • a dispute (about the interpretation, application or operation of an employment agreement).
    • any other problem relating to or arising out of your employment relationship with the University except matters relating to the fixing of new terms and conditions of employment.
  2. If you believe there is a problem with your employment relationship with the University, you should tell your line manager, either personally or through your union or other representative, as soon as possible that:
    • there is a problem; and
    • the nature of the problem; and
    • what you want done about the problem.
  3. If for any reason you feel unable to raise the matter with your line manager, other suggested contacts are Pro Vice-Chancellors, Deputy Vice-Chancellors or equivalent; Heads of School, Directors or equivalent; or the Director of People and Capability.
  4. In the case of a personal grievance, you must raise the matter with the employer within 90 days of the grievance occurring or coming to your notice, whichever is the later. A written submission is preferable but not necessary.
  5. You have the right to seek the support and assistance of your union or representative or information from Employment Mediation Services within the Ministry of Business, Innovation and Employment (MBIE) at any time.
  6. We will try to resolve the matter through discussion with you and/or your union or representative.
  7. If the problem cannot be resolved through discussion, then either you or the University can request assistance from MBIE which may provide mediation services.
  8. If the problem is not resolved by mediation, you may apply to the Employment Relations Authority for investigation and determination.
  9. In certain circumstances the decision of the Employment Relations Authority may be appealed by you or the University to the Employment Court.