Industrial & Employment Relations Summit 2024

Lucy and I were lucky enough to attend the 38th Annual Industrial and Employment Relations Summit last week. We came back with so much knowledge (and slightly heavier bags from Auckland shopping) we wanted to share some key takeaways with you!

Mental Health

You as an employer have obligations when you become aware of an Employee’s mental health concerns, including when you are commencing a formal process. Whether it is a disciplinary, performance, medical or restructure process, if you become aware of a concern you must pause, offer support, and weigh up, can this Employee handle this process? – We can help you here!

There was a big emphasis on training your leaders to be better equipped to manage changes in behaviour. We are seeing a real increase in wellness concerns, so this is crucial.

EAP is not enough alone anymore, there is so much support out there for you to access, get creative with your support, think about what you would do if it was your loved one on the other end of the process.

Restructures/ Redundancy

This is very topical at the moment; we know it’s tough out there. There is a strict process to follow with restructures and redundancies so please reach out to People Passion if you need support.

Always remember to consult, consult, consult. The Employee has a right to provide feedback throughout the process and you have an obligation to genuinely consider this.

Violence, Bullying & Harassment

743 million people globally experienced violence and harassment in the workplace in 2021 and over 45% of people do not disclose this, seeing it as a waste of time. How can you support your team to come forward?

  • Make sure you have a Policy in place and make sure it is visible

  • Follow your Policies when issues arise

  • Detect tension – prevention before cure

  • Workplace culture reviews

Social Media

Reference to emojis is slowly creeping into case law and determinations! There was reference to https://emojipedia.org/. Are you using emojis in line with what they really mean? Be careful because they are causing miscommunication, and you may get caught out by your interpretation vs what the emoji actually means.

Personal Grievances

PGs are on the rise, and we are seeing huge awards given at the ERA. Make sure you follow your workplace Policies and keep the following in mind:

  • They can be raised verbally or in writing.

  • Often you are told you must respond in 14 days, this is incorrect, however, you must respond in a fair and reasonable timeframe.

  • Mediation is free through MBIE, utilise this – they love preventative support!

  • Never terminate employment lightly, unjustified dismissal is one of the most common claims – come to People Passion for support to ensure you follow a fair process.

Overall Key Themes and Considerations

  • Good Faith – we know this gets thrown around a lot but consider this in every step you take in business.

  • Be fair and Reasonable – would you act this way if it was your loved one on the other end?

  • Consult – Employees have a right to respond, they also have a right to be given all the facts. Be honest and open in your approach.

  • Follow a process – make sure your Employment Agreement outlines various formal processes and make sure this process is followed.

  • Mental Health and Wellness – this is a prevalent issue, make sure you upskill your leaders to understand this and provide adequate support.

  • Formal vs Informal action – before jumping to a formal process have you considered a coaching conversation, a check-in or a casual conversation to explore your concerns? We know this is not always possible but when you can, try to solve a problem informally in the first instance.

  • Don’t let things fester – if you have a concern, jump on it, be upfront.

  • Communication – If you have an Employee off for an extended period of time keep the lines of communication open, make sure you have all the facts.

The sessions we attended were

  • Working constructively with Unions

  • Tikanga and te ao Māori in the employment and ER setting

  • Modern slavery, worker exploitation, immigration, and appropriate work policies

  • Assisting and supporting employee’s mental health

  • Bullying in the workplace – running sensitive investigations

  • Violence in the workplace – policy, procedure, and practice

  • The IER Health and Safety at Work Update – latest laws, regulations and cases

  • Managing Misconduct - Responding appropriately to the myriad range of behaviour to ensure procedural fairness and correct outcomes

  • From the Authority – An address by the Chief of the Employment Authority

  • Carefully preparing and managing a restructuring or redundancy process

  • Constructive and unjustified dismissal – avoiding the mines

  • Understanding changes in performance

  • Workplace communication – the impact of social media

  • Navigating employees' personal grievances

  • Independent contractors vs employees

  • The changes to restraints of trade

  • Medical incapacity process and procedures

As you can imagine, there was so much to learn – we were like sponges soaking it all up! If you have any questions or would like to know more about what we learnt, please connect. We love connecting with our clients and helping you to expand your HR Toolkit.

Georgia Carr

People Advisor

 
Employment Law, Human ResourcesPeople Passion