Resolution of Employment Relationship Problems Procedures

These procedures apply to all professional staff members at the University.

The University is committed to providing a fair workplace for all members of staff. These procedures provide recommended good practise for resolving employment relationship problems.

If a member of staff has any concerns regarding their employment or how she/he is being treated, the University will try to resolve the matter wherever this is practicable. The University is committed to resolving any problem informally without affecting the rights or obligations of the staff member or the University.

Employment relationship problems include:

• a personal grievance (a claim of unjustifiable dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment, or duress in relation to membership or non-membership of a union or employee organisation)
• a dispute (about the interpretation, application or operation of an employment agreement)
• any other problem relating to or arising out of the employee’s employment relationship with the University except matters relating to the fixing of new terms and conditions of employment

1. If the staff member believes there is a problem with his or her employment relationship with the University, the staff member should tell the staff member’s manager, either personally or through the union or other representative, as soon as possible:

• that there is a problem
• the nature of the problem
• what action the staff member wishes to be taken in relation to the problem

2. If for any reason the staff member feels unable to raise the matter with his or her manager, other suggested contacts are: dean or director, the Director or other staff member of the Human Resources and the Director Staff Equity.

3. In the case of a personal grievance, other than a grievance relating to sexual harassment, the staff member must raise the matter with the University within 90 days of the grievance occurring or coming to the staff member's attention.  Where the grievance relates to sexual harassment, the staff member must raise it within 12 months of the grievance occurring or coming to their attention.

4. The staff member has the right to seek the support and assistance of his or her union or representative, or information from the Ministry of Business, Innovation and Employment at any time.

5. The University will try to resolve the matter through discussion with the staff member and/or his or her union or representative.

6. If the problem cannot be resolved through discussion, then either the staff member or the University can request assistance from the Ministry of Business, Innovation and Employment at any time.

7. If the problem is not resolved by mediation, the staff member may apply to the Employment Relations Authority for investigation and determination.

8. In certain circumstances the decision of the Employment Relations Authority may be appealed by the staff member or the University to the Employment Court.

The following definitions apply to this document:

Staff member refers to an individual employed by the University on a full or part time basis.

University means the University of Auckland and includes all subsidiaries.

Include the following:

• Privacy Policy
• Professional Staff Collective Agreement
• Ministry of Business, Innovation and Employment website
• Employment Relations Authority website

Owner: Director, Human Resources
Content manager: Associate Director, HR Advisory
Approved by: Vice-Chancellor
Date approved: 16 February 2024
Review date: 16 February 2029