To mediate or not to mediate – that is the question… While William Shakespeare put into verse Hamlet’s soliloquy in endless agonising verse about dire choices with absolutely no chance of a happy ending – it is not so with mediation. Change the name, and the thinking around the word mediation. Let’s start thinking about it and calling it “an opportunity”. That’s really what mediation is; an opportunity for parties in conflict to come together and sort out their problem(s). It doesn’t have to be the only option, but it should be considered as a first step.

“You’re fired!” – many would recall these words being repeatedly spat out by a former US president who had once tried his hand at hosting a TV reality show. In that show, the people who failed to perform to the expected levels were unceremoniously given their marching orders there and then. No process, no consideration of their viewpoint or feedback, no ifs or buts …. Just go! But that was only a show, many would say. That does not really happen here in Aotearoa… or does it?

When an employee resigns in the heat of the moment, it can be difficult for an employer to judge whether there is merit in providing the employee a with “cooling off” period to reconsider their resignation, or to take the statement at face value. Past case law has suggested that best practice is to actually allow for a period of reconsideration, however recent case law has introduced some new framework for employers to operate within when an employer resigns in these circumstances. Below, we outline the change in approach to cooling off periods and explain what this means for employers moving forward when they encounter a heat of the moment resignation.

When we think of a Private Investigator, it is easy for our minds to think of Magnum PI complete with Hawaiian shirt, bushy moustache and red corvette, or, depending on your age, perhaps even Scooby Doo! Not many people will think of external independent employment investigators, which many organisations have come to engage when complex allegations are raised or where the allegation is best handled in an independent manner. Even less well known is that independent workplace investigations must be conducted by a licenced private investigator.

In the workplace it is often the collective “we” — we as people, we as humans, we as employees — that represent the most challenging and precarious aspect of work. Conflict in the workplace comes in all shapes and sizes whether it be between employer and employee, two employees, groups of employees, or with external stakeholders. All of these have the potential to negatively impact on businesses if they are not addressed and dealt with.

Conflict – it is a natural part of working and organisational life, and as Karl Marx and many other conflict theorists suggest, it is inevitable. While conflict does not always result in destruction, when it does it moves from task-related to person-related based conflict. As the conflict escalation model suggests, when conflict is not addressed or intervened from the beginning, it can lead to escalation, spiral and grow in severity overtime. So what do we know about the conflict escalation model?

After recently assisting clients from different industries with different types of changes to their businesses, in both adding and removing roles or simply changing duties for some employees, I reflected on my own work history and the changes I had experienced over the last 40 years, including reference points at different stages of my life and how they impacted decisions I made or how I viewed change…

MBIE has recently released a consultation paper on Modern Slavery and are seeking feedback on a proposed legislative response to modern slavery and worker exploitation, forced labour, and people trafficking. The aim of the legislation is “to achieve freedom, fairness and dignity… and to address modern slavery and worker exploitation, both in New Zealand and internationally.” Submissions for consultation are open until 07 June 2022. Make sure you have your say.

Eight months ago, I joined Three60 Consult just as Auckland went into Lockdown. Like a lot of us, I thought it would be a short, sharp COVID battle and I remember optimistically suggesting to my boss that we push my start date out for a week.  Thank goodness she rejected my offer! Starting a new job in lockdown had its challenges, but returning to the office after an extended period, as many of us have found, presented just as many. It was a full six months after my start date before I finally sat at my desk. Even then, the emergence of Omicron meant the whole team was not able to come together. Rather, we worked in mini team bubbles. Today as I write, eight months have passed since my start date and I’m finally seeing the full team come together on a more regular basis.

Minimum entitlements are a long-established feature of the employment landscape in New Zealand and cannot be unknown to employers. Although calculating and paying bereavement, alternative days, public holidays and sick leave sounds simple enough, it is actually quite easy to get wrong – as has been demonstrated in multiple Authority and Employment Court cases.