Preventing & Addressing Employment Problems
How to make sure your employment relationship continues positively
What are policies and procedures?
Policies and procedures explain the rules and expectations in the workplace, making sure everyone is on the same page.
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Policies: These explain the rules and expectations of employees.
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Procedures: These explain the steps or process of how something should be done.
Having clear workplace policies and procedures benefits you in several ways:
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Sets consistent expectations: Everyone knows what is expected of them
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Prevents misunderstandings: Clear guidelines help avoid confusion
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Guidance for employees: Employees don’t have to guess what is expected of them.
For example, a documented dress code helps new employees know what is acceptable to wear at work.
While some workplace policies and procedures may be established through everyday working, putting them in writing makes it easier to enforce them and address any issues that arise. Written policies provide a clear reference point for both employers and employees.
Here are some examples of workplace policies you might consider:
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Alcohol and drugs
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Anti-discrimination
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Anti-harassment (bullying)
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Code of conduct
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Discipline and misconduct
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Employment investigations
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Equipment, vehicles, and clothing
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Health and safety
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Leave
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Meals and breaks
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Internet and email
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Privacy
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Travel
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Attendance
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Grievance handling
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Social media
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Smoking
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Performance
The number of policies and procedures needed by an organisation often depends on the employer size, with larger organisations often requiring greater and more detailed policies and procedures. This is because greater resources are available to write and implement them in larger organisations, and it can ensure consistent behaviour across a wide range of employees. Larger organisations could also consider a te ao Māori policy, Indigenous Intellectual Property Policy, koha policy, and tangihanga policy. This could all feed into a Māori strategy to attract and retain Māori employees while enriching your overall practices.
You can find more information on policies and procedures here, along with a workplace policy builder tool from Business.govt here.
How do I identify and prevent problems in the workplace?
In the workplace, various issues with employees can occur. The way you handle these problems will depend on the specific issue and the people involved.
All employment agreements must include a clear and simple description of how to resolve any problems that come up. This ensures everyone knows the process to follow. It's important for both employees and employers to record conversations in writing. This helps keep track of what has been discussed and agreed upon, making it easier to resolve issues fairly and transparently.
Preventing employment problems
The best way to handle employment issues is to prevent them from happening in the first place. Here are some simple practices to help with this:
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Communicate clearly: Take the time to ensure everyone understands what’s expected (see Workplace Wellbeing and Culture for more information)
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Foster a positive workplace culture: Create a culture where everyone shares responsibility for preventing and clearing up confusion and mistakes (see Workplace Wellbeing and Culture for more information)
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Raise concerns early: Address issues as soon as they arise to prevent them from becoming bigger and harder to solve
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Clear policies and procedures: Make sure workplace policies and procedures are easy to understand and well communicated
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Monitor performance: Use effective processes for setting and monitoring performance to keep everyone on track. See more information here.
By adopting these practices, you'll create a more harmonious and productive workplace, making it easier to prevent and manage employment problems.
How do I resolve workplace problems?
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. The way you solve problems escalates over time as more intervention is needed. Here's a high-level walkthrough:
Resolving issues yourself
When there is a problem, you should try and resolve it yourself before seeking outside assistance. This is often the quickest and most effective way to handle issues. You can find more information on how to navigate this here.
Early resolution
Early resolution is a free, impartial phone-based service to help you resolve a workplace issue quickly and informally provided by Employment NZ. It’s a great way to sort things out before they escalate. See more information here on what this service can offer you.
Mediation
Mediation is a voluntary, confidential, and safe way for employers and employees to discuss work-related problems with the help of an independent mediator. The Ministry of Business, Innovation and Employment offers a free mediation service for any employer with an employment relations problem. For more information on mediation see here.
Disciplinary actions
If misconduct occurs, disciplinary action can be carried out fairly by the employer. It's important to handle this properly, as failing to do so may give the employee grounds to raise a personal grievance. For more information on the disciplinary process, including steps to take and common mistakes, see here.
What does ending employment look like?
Employment relationships can end in various ways, such as resignation, retirement, dismissal, redundancy, and abandonment of employment. It is also important to consider how you handle an employee's final days working for you. Below lists some examples of what ending employment could look like.
Resignation
An employee can resign at any time by notifying you that they will be leaving and giving you their required notice period (agreed and written in the employment agreement). When notice has been given you should make sure it is the correct period that has been agreed. However, you can also agree to the employee not working the agreed notice period if needed.
If an employee has resigned but later changes their mind, they can ask to withdraw their resignation. However, you do not have to agree to this. More information on resignations can be found here.
Retirement
There is no set age for retirement but the
common age is 65 as this is when New Zealanders
qualify for superannuation. When employees
decide to retire, they will need to follow the
normal process for resigning, and give notice to
their employer.
Dismissal
An employer can dismiss an employee
for a variety of reasons, but you must follow a
fair and proper process to do so. See
here for more information.
Redundancy
If you need to reduce or change your
workforce, you can make employees redundant
whose roles are no longer required. However, a
fair process must be taken in these circumstances and often requires a lot of thought and effort to ensure it is done right. See here for more information.
Abandonment of employment
Another reason for ending employment may be when an employee abandons their job. This happens when an employee is absent from work for an extended period without explanation. You can find out more information and how to respond here.
Last days of employment
It's important to handle the end of employment thoughtfully. Here are some considerations.
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Recognition of service: Recognise the employee’s service by organising a farewell event or morning tea. This shows appreciation for their contributions.
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References: Your employee may ask for a reference, either verbal or written. Providing a reference can help them in their future job search.
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Collecting business property: Ensure all business property is collected, such as vehicles, phones, and tools.
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Exit interviews: Consider having an exit interview to discuss what worked well and what didn’t. This can provide valuable feedback. More information on this can be found in Workplace Wellbeing and Culture.
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Final pay: Ensure the employee receives their final pay on their last day or at the next scheduled payday. Final pay can be more complex than anticipated, but more information can be found here.
How you send off an employee from your business is important. Not only does it improve their wellbeing by making them feel recognised for their work, but it can also enhance the reputation of your business. An employee may want to come back and work for you in the future because of the way they were treated in their final days.
What is ethical employment?
Today’s customers and investors expect businesses to treat their workers fairly, ethically, and sustainably. Ethical employment is important across the food and fibre value-chain, with many customers requesting proof of ethical working conditions. Being an ethical employer means following employment legislation and going beyond when necessary. More information on how to be an ethical employer can be found here from NZ Ethical Employers and here from Employment NZ.
It’s crucial to note that migrant workers have the same minimum employment rights as workers in Aotearoa New Zealand. Recognised Seasonal Employer (RSE) scheme employers who do not follow these rights may receive a penalty for breaching employment standards. This will include a stand-down period, during which they cannot support visa applications. More information on migrant exploitation and how to report it can be found here.