Parallel Disciplinary Investigations
At times, we come across employee’s representatives who wish to conduct their own investigation into a misconduct matter, in paral…
Read More >
We’re in expansion mode and are looking for Senior Associate – Collective Bargaining Expert to join our team. The role involves collective bargaining, employment relations conflict resolution (including facilitating mediations), undertaking employment investigations, and representing our clients at Employment Institutions.
We have positions available in both our Conflict Resolution and ER Support Teams, for which we are looking for people with a strong understanding of the New Zealand employment relations jurisdiction and best practice ER/HR advice. Depending on your level of experience and expertise, your work could involve a variety of things from employment agreements, policies, health and safety, disciplinary and performance matters, recruitment, restructuring and redundancies through to high level employment relations strategy, collective bargaining, dispute resolution, conflict management, mediations, investigations and change management.
The barrier to challenging Authority determinations on procedure (section 179(5) of the Employment Relations Act 2000) continues to present problems. Notwithstanding the Act’s objective of allowing the Authority a clear run in its investigations unimpeded by challenges, there is no avoiding the fact that “procedural” is not synonymous with “minor” or “technical”. Nowhere is this more stark than on occasions in which the Authority has declined to make a non-publication order (of names and/or details). As Judge Inglis noted recently in H v A Limited “[t]he horse will have well and truly bolted” in terms of the damage done to parties and also affected non-parties if such a decision goes unchallenged until the Authority has completely finished its investigation.
With effect from 26 August 2020, or such earlier date as an Order in Council prescribes, the Employment Relations Authority will have some further ability to control wayward litigants and their advisers.
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?