The best way to prevent and resolve relationship problems between employers and employees.
Employer and employee must do’s
There are a number of must do’s in the employment relationship. These include doing things in a way that shows good faith, doing things for good reason and using a fair process.
Good faith
- Parties must not act in a misleading or deceptive way
- Parties must be responsive and communicative
- Before making a decision, which may result in employees losing their job, the employer must give the affected employees sufficient information to be able to understand the proposal and then give them a proper opportunity to comment.
Good reason
Good reason is sometimes called substantive justification. For an employer’s action to be considered fair they must make sure that they meet the two aspects of ‘good reason’: These are that:
- They believe there is a valid reason to begin the action or process
- Any decision that is made is for a good and fair reason.
Fair process
- Properly raise their concerns with the employee. This involves telling the employee exactly what the problem is, providing all relevant supporting information and telling them that disciplinary action is a possibility
- Give the employee a reasonable opportunity to tell their side of the story
- Genuinely consider the employee’s explanations (if provided).
Types of problems
There are many types of problems that can arise in the workplace.
- Misconduct and serious misconduct
- Bullying, harassment and discrimination
- Incompatibility
- Medical incapacity
- Migrant exploitation.
An employer’s response must be fair and reasonable in all of the circumstances. For example, some lesser misconduct may lead to a warning, more serious misconduct may lead to a dismissal.
There are specific steps for employers and employees to take to resolve these problems.
Steps to resolve
There are processes to follow when working through employment relationship problems. Employers and employees should use these and try to resolve problems in a positive way.
- Informal actions
- Warnings
- Disciplinary action
- Early Resolution
- Personal grievances
- Mediation
- Records of settlement
- Labour Inspectorate
- Follow the agreed process.
Preventing relationship problems
The best way to prevent employment relationship problems is to stop issues before they start and recognise an issue early.
Some simple practices can help make relationships smoother and prevent problems:
- Take time to communicate clearly. Poor communication often causes disputes and misunderstandings.
- Raising concerns when they first come up can help stop them becoming bigger and harder to resolve.
- Make sure workplace policies, practices and/or work rules are well communicated and easy to understand.
- Put in place and use effective systems and processes for setting performance expectations, having regular performance conversations, staff updates about what is going on and for dealing with such things as change and managing performance issues.
- Put in place processes to address and investigate complaints that employees might raise, such as complaints of bullying, discrimination, or sexual harassment.
- Promote a culture where everyone shares the responsibility for preventing and clearing up confusion or mistakes. For example, if an employee believes they are being overpaid, the employee should raise the potential error.
- Employees and employers should keep themselves well informed about their employment rights and responsibilities.
Escalating unresolved issues
Employers and employees can take further action if they can’t resolve employment problems. Some of the organisations that can help are:
- Employment Relations Authority
- Employment Court
- Human Rights Review Tribunal.
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