Department of Labour Workplace Services

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Department of LabourWorkplace Services

• How to Hire -a beginners guide for employers

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Must be in writing!

• Best practice is to get this all sorted BEFORE
  the employee starts!

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Making an offer

• This should be done in writing!
• May indicate prior that you intend to make an
  offer.
• Process varies depending on whether there is
• No collective in place.
• A collective covering the work performed, and the
  applicant is not a member of the union concerned.
• A collective covering the work performed, and the
  applicant is a member of the union concerned.

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Flow Chart of Hiring Process
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Conditions in individual agreementsSection 65
Employment Relations Act 2000

• Must Have
• Names of the parties
• Description of the work to be performed by the
  employee
• Where the employee is to perform the work
• Times the employee is to work
• Wages and salary payable to the employee
• Plain language explanation of the dispute
  resolving process including reference to the 90
  days.
• Allow time and encourage the employee to take
  independent advice.

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Explanation What would be included?

• Talk to us first- your manager
• Representation
• Mediation Services
• Employment Relations Authority
• You may raise a personal grievance within 90 days
  on the grounds of unjustified dismissal,
  unjustified disadvantage, duress in relation to
  non/membership of a union, sexual or racial
  harassment, discrimination
• We need the detail so that we can respond and
  resolve

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90 Days section 114

• Must raise grievance with the employer within 90
  days
• Time begins from the date on which the action
  alleged occurred or came to the notice of the
  employee
• Employer may consent to longer period
• Raise means as soon as the employer aware or
  employee taken reasonable steps to make
  employer/representative aware

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Be Practical

• Set up a file for each employee
• All relevant information
• Letter of offer
• Employment Agreement
• Tax form
• Job description
• Other relevant documents e.g. emergency contacts,
  acknowledgement of code of conduct etc, drivers
  licence, police check

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Probation periods

• Employment Relations Act 2000 contains reference
  to probation and trial periods
• Must be agreed in writing at the start of the
  relationship
• A probationary employee is a permanent employee
  who is yet to be confirmed.
• Employer must act fairly and reasonably

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How is a Probation Period Managed?

• Should only be long enough for the employee to
  demonstrate their suitability
• The employer needs to clearly state the
  expectations
• Must supervise and review progress
• Provide appropriate training
• Tell them about any concerns
• Give a reasonable opportunity to improve
• Warn them of the consequences if they do not
  improve
• tell the employee about the purpose and content
  of any meeting to discuss performance.
• Best practice to allow opportunity to be
  represented at the meeting.
• The employee needs to show they are suitable for
  the position by meeting the expectations

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What are trial periods?

• From 1 March 2009
• Employers with 19 or less employees
• Up to 90 calendar days
• Parties must bargain in a fair way about the
  trial period.
• Must be written
• Only available the employee has not been
  previously employed by the employer.
• Employer must give notice to end the relationship
• May access mediation services
• Can raise PG except on grounds of unjustified
  dismissal.

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What do we do?

• Help people find the best way to resolve their
  problems
• Encourage parties to identify the real issues
• Help the parties explain the issues to each other
• Identify points of agreement
• Help people find answers that reflect good faith
• Seek a resolution that allows both parties to
  move forward
• Talk to the parties about their risk if the
  problem is not resolved at mediation

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Our Primary Function

• To resolve employment problems
• at the lowest level
• as early as possible
• with minimum legal intervention
• preserving ongoing relationships where possible

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Mediation under the Employment Relations Act
2000.

• Is voluntary but nearly mandatory
• Doesnt have to be carried out by the DOL (but
  usually is)
• Free (if provided by DOL)
• Is confidential
• Without prejudice
• Can result in a binding, final and enforceable
  agreement
• Is mandatory if it is directed by the Authority
  or the Court.

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Types of problems we see

• ongoing employment relationships
• dismissal
• redundancy/restructuring
• pay disputes
• harassment/bullying
• collective bargaining

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How to get started

• Contact the Department of Labour, Mediation
  Service.
• You will be asked
• if the other party has agreed to mediate.
• for info about the problem in writing
• for a choice of dates you can attend ( preferably
  agreed with the other party).

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Responding to client groups

• Contacts
• www.dol.govt.nz
• Fact Sheets on lots of subjects.
• Employment Agreement builder
• Ask a question facility
• Draft letters
• Call Centre
• Ph 0800 20 90 20

• The Mediation Service aims to ensure
• Problems are resolved by the parties wherever
  possible
• Fewer problems arise
• We are available for early intervention where
  appropriate.