Employment Disputes Additional Information
A Challenging Environment for Employers
Recent History has seen a number of changes in employment law which have and will continue to challenge even the most careful employers.
The Employment Relations Act 2000 has provided the opportunity for unions to monopolise the collective agreement negotiating process and regain their right of access to employers.
The Legislation
The new legislation has provided for the establishment of a mediation service and an investigative body known as the Employment Relations Authority (ERA).
The ERA is not a court but an entity with wide ranging decision making powers.
It can determine for itself the scope of its inquiry and can direct its investigation in whichever direction it sees fit, including direct questioning of the parties and witnesses.
The Act expressly states that reinstatements shall be the primary remedy in personal grievance actions for unjustified dismissal, however this could be difficult in practice, given that the employment relationship has inevitably soured as a result of a successful grievance claiming unjustified dismissal.
Fines and penalties apply for breaches of the provisions of the Act and can be imposed for a simple breach of an employment agreement.
The existence of the Employment Relations Act 2000 will in all likelihood see a greater frequency and variety of claims made against employers as the legislation is tested.
