Despite recent glimmers of positivity in the economy, it remains vital to resolve workplace conflict in a timely manner, for the well-being of the parties and the organisation itself. Senior Associate Lisa McWilliams-Smith outlines the key steps before, during, and after mediation. The mediation process remains the primary problem-resolution mechanism under the Employment Relations Act.  Mediation has the unique twin benefits of confidentiality along with ‘off the record’ discussions (also called ‘without prejudice’ discussions).*  After conducting hundreds of mediations each

Conflict in the workplace can arise from misunderstandings, differing opinions, stress, or other interpersonal dynamics both inside and outside the workplace. Effective de-escalation techniques can prevent these conflicts from growing into more serious issues.  Senior Associate Campbell Gourlay outlines key strategies and skills to de-escalate conflict within the workplace. — And I’ve been putting out fire With gasoline – David Bowie  When was the last time that you told someone to “just calm down”, and like magic, the person immediately

There are key considerations to be reconciled when contemplating exit negotiations, whether under the current provisions of the Act or those contemplated by the Employment Relations (Termination of Employment by Agreement) Amendment Bill. Senior Associate Lisa McWilliams-Smith writes about the proposed changes, requirements of the current legislation, and what employers and employees should consider when faced with exit negotiations. Member’s Bill ‘Termination of Employment by Agreement’ To refresh your memory; the Policy behind the Bill is to allow an employer

The decision around whether to investigate a workplace complaint can be difficult for employers. Employment Law Specialist and Barrister James Crichton outlines what employers should be considering in their assessment around whether to undertake an investigation. Employers frequently get into a stew about whether they should investigate a complaint, or not. It can be a bit of a balancing act. The first port of call has to be your company policies. Does it say you are obligated to investigate a

In a one-of-a kind ERA decision (June 2024), the Authority found that the Bank of New Zealand had unjustifiably terminated the employment of a whistleblower and breached good faith as the employee was subject to retaliation as a result. The case is significant as it highlights that protected disclosures should not be treated just like any normal complaint and the correct policies and procedures must be applied. What is a Protected Disclosure? Protected Disclosures are made by individuals, under the

The employment jurisdiction has traditionally been known for being modest in terms of awards made to successful individuals, specifically those seeking compensation for hurt and humiliation suffered. However, this perception is increasingly changing with awards being paid far in excess of what has been awarded previously. In this article, James Crichton and Madeline Wrigley summarise the changes in the compensation model used by the Employment Relations Authority and Courts, and the impacts this is likely to have on the expectations

Collective bargaining is a cornerstone of the employment landscape in New Zealand, serving as a critical process through which employers and unions negotiate terms and conditions of employment. In this article, Senior Associate Adrian Tocker outlines why good preparation for collective bargaining is essential, and the key considerations and communication aspects that employers should cover in their planning for collective bargaining. Collective bargaining While Mike Tyson said “Everyone has a plan until they get punched in the mouth”, (and that’s

Most people prefer not to argue, but disputes and conflicts in the workplace are unfortunately common and can be damaging to both individuals and organisations. In some cases, managers or human resources teams may be required to know how to investigate an allegation against a staff member or manager. Here, we outline the types of workplace conflict which can require investigation, and what to consider when starting an investigation. Types of conflict which may require a workplace investigation Conflict can