Problem solving
Employment problems that are poorly handled can be time consuming and costly. Showing good faith in all negotiations with your employees is a critical element in handling problems.
Problem solving and mediation
The first steps towards resolving employment problems are very important. If you can deal quickly and effectively with problems they are less likely to become bigger issues.
What you must do
- Deal with any problem in good faith, meaning openly, honestly and without misleading the employee.
- Treat staff consistently and without discrimination or favouritism.
- Talk with your employee as soon as you become aware there is an issue. Discussing problems early may prevent them from escalating.
- Clarify what the problem is, and discuss it with each other before seeking mediation assistance or going to the Employment Relations Authority.
- Make sure you are clear about the facts and exactly what you disagree on. Ensure that assumptions haven’t led to a misunderstanding.
- Talk to the employee and anyone else concerned, to find out what actually happened.
- Avoid acting in anger or haste and give the employee a fair hearing.
- Advise the employee that they can bring someone to support them at the meeting. It’s easy to misinterpret issues when emotion is involved, and a third party can help ease some of that.
- Allow the employee time to get advice and support.
Keep a record of the discussion when you’re sorting out a problem so there are no disputes about what was said or agreed. Keep a copy in the employee’s file.
- If you are unable to resolve the problem with your employee, mediation services are available to help you both to identify the problem, give you guidance and seek appropriate courses of action to resolve it. Mediation is simple, effective, free and fair.
- Clarify your expectations in the job description and employment agreement to help to prevent any misunderstandings.
- Establishing a working environment of trust and confidence will minimise the number of problems that arise. See Preventing Common Problems.
- Include a clause in all your employment agreements about how problems will be resolved and what the employee’s rights are.
- Be aware that if an employee believes they have a personal grievance, they must raise it with you within 90 days of the action complained of, or the date they became aware of it, whichever is the later.