Visit us
B:HIVE, Smales Farm, 72 Taharoto Road, Takapuna, Auckland 0622
Email us
info@teesdaleassociates.com
Call us
021 920 323
Proactive solutions for effective employment relations.
Our business was founded on providing trouble shooting services for clients, coupled with proactive strategies to build collaborative employment relationships, improve business performance and ensure legal compliance, traditions we maintain to this day.
We have strong capability in employment law, with in-house specialists who focus on ways to achieve your goals. Many clients engage us to provide advice to managers on a 24/7 basis and you can rely on prompt service from your preferred consultants. A core strength is dealing with people who are not meeting your reasonable expectations with regard to performance or behaviour.
We bring a pragmatic approach aimed at resolving issues quickly and efficiently, while at the same time maintaining a firm but fair approach. We also undertake independent employment investigations, particularly with the more difficult and serious cases. Should a personal grievance or dispute arise we bring a pragmatic approach to early resolution but, if required, we provide representation in the Authority or the Court.
Employment Relations Advice & Compliance FAQs
To be successful, an organisation must have a strong foundation about how it will conduct its business. That means, having appropriate values that are understood, accepted and observed, with leaders modelling the desired behaviours, clear policies governing how the parties will conduct themselves, flexible terms of employment that are fair to both parties and a commitment to the wellbeing and personal development of employees.
Things will always go wrong. What is important is how you deal with them. It’s very important to address the issue as early as possible before it gets bigger and the parties adopt fixed positions, taking a pragmatic approach that considers both points of view and then making a commonsense decision. It’s about straight dealing and establishing a track record for acting promptly with integrity.
Yes. If the parties can’t readily resolve an issue by discussion, mediation is the next best step. An independent mediator will assist the parties to reach an agreement but won’t make a decision for the parties.
The Employment Relations Act is the main piece of legislation governing employment relations in NZ. There are 18 others, including the Holidays Act 2003, the Privacy Act 2020, the Minimum Wage Act 1983, the Health and Safety at Work Act 2015 and so on. These Acts set out the minimum requirements than must be observed by employees and employers and their respective agents.
The Employment Relations Authority is the first place where an employment relationship problem may be determined. If the parties can’t resolve a problem themselves, the usual route is to attend mediation first. In a mediation, an outcome is only achieved if the parties mutually make an agreement. A mediator can help the parties reach settlement but does not make the decision. If the matter is not settled there, the next step is a hearing in the Employment Relations Authority. This is a big step to take in terms of time and cost; and comes with the usual risks of litigation.
Under the Employment Relations Act employees can raise a personal grievance if they believe that they have been:
• Unjustifiably dismissed.
• Disadvantaged in their employment because of some unjustified action of the employer.
• Discriminated against in their employment.
• Sexually or racially harassed at work.
• Subject to duress because of their membership or non-membership of a union or employees’ organisation.
If the employment relationship problem relates to discrimination or sexual harassment, services available for the resolution of the problem include either application to the Employment Relations Authority for the resolution of the grievance or a complaint under the Human Rights Act 1993, but not both.
Yes. An employee who believes they have a personal grievance concerning sexual harassment in their employment must raise the grievance with their employer within 12 months of the grievance arising, or coming to the notice of the employee, whichever is the later. All other personal grievances must be raised with the employer within 90 days of the grievance arising, or coming to the notice of the employee, whichever is the later. The grievance is ‘raised’ as soon as the employee has informed the employer that they consider they have a personal grievance they want addressed.
Yes, provided the payment is genuinely a compensatory payment for the hurt and humiliation suffered by an employee in their employment. The Employment Relations Authority and Employment Court have established three bands of compensation, being Band 1: Low-level loss or damage, up to $12,000, Band 2: Mid-range loss or damage, $12,000–$50,000 and Band 3: High-level loss or damage, over $50,000.