The deadline for submissions on the Review of Part 9 of the Employment Relations Act 2000 closed on 31 March 2010. The Department received 219 written submissions from a variety of groups including employers, employees, employer representatives, unions, employment advocates, academics and professional organisations. The submissions analysis assisted in the policy advice on changes regarding personal grievances in the Employment Relations Bill (No 2).

Summary of submissions: Review of the Employment Relations Act 2000: Part 9 Personal Grievances (April 2010) [html] [PDF, 67 pages, 535KB]

The Department is seeking submissions to inform a review of the personal grievance system established under the Employment Relations Act 2000. The objectives of the review are to consider whether the personal grievance system:

1. strikes a fair balance between employer flexibility and employee protection
2. does not impose unnecessary costs or obligations for employers or employees
3. supports improvements in workplace productivity
4. is efficient and effective, and
5. has met its objectives (as set out in the Employment Relations Act 2000).

In addition:

6. where improvements are required, the nature and extent of the issues involved, and
7. the steps that might be taken to address these (including, potentially, whether any amendments to the legislation are necessary or desirable).
   

We welcome the views of people who have had either direct or indirect experience of personal grievances.  We recognise that people’s indirect experience of the system (how you understand the system works) can also affect their decisions and behaviours, either as an employer or as an employee.  If you have positive or negative views about any aspect of the personal grievance system, even if you have not experienced the system yourself, please tell us about them.

The discussion document, terms of reference for the review and review response form are provided here to guide your submission.

We encourage you to respond in the way that best explains your views about what is working well and any concerns.  Explaining why you have a concern is important for us as one of the objectives of this review is to better understand the extent to which problems in this area are genuine or are perceptions of problems.  We take both seriously: some of these concerns may be as much to do with the understanding or perceptions about the legislation as they are to do with the reality.  If this understanding or perceptions influence behaviors, their consequences are real.    

Some of the issues and possible options raised in this paper have previously been raised with the Department, for example, in the development of the 2008 “Green paper on the improvements to the employment relationship problem resolution system”.  We will take this material into consideration for this review.

The final report of the review will support well-informed decisions on how to improve the personal grievance system. 

Making Submissions

Submissions close on 31 March 2010.

To make a submission, please respond to the questions outlined in the discussion document and contained in the review response form.

Then email your submission to ERconsultation@dol.govt.nz or post it to:

Review of Personal Grievances
Workplace Policy Group
Department of Labour
PO Box 3705
Wellington

Email submissions are encouraged as this greatly enhances our analysis process.

A document providing an overview of submissions will be posted on the Department’s website with details of how the government intends to proceed with the review.

Please note that any submissions that you make may be the subject of a request under the Official Information Act 1982.  If this happens, the Department of Labour is required to consider release of the submission, in whole or part, to the person who requested it.  To assist the Department in processing such requests in accordance with the Official Information Act 1982, please indicate if you have any objections to the release of any information contained in your submission.  If you have objections, please indicate the parts of your submission you consider should be withheld and the reasons for withholding that information.