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Resolving Problems - Coggle Diagram

- - - - An instance of misconduct would not justify a dismissal unless it is repeated
      - Linked with activities outside of work
  - - - Example: Walmart
  - - - Medical Retirement (Mutually Agreed)
      - Dismissal
- - - - Properly raise concerns with the employee
      - Give reasonable opportunity to respond + seek independent advice
      - Fully investigate the concerns
      - Genuinely consider employee's expectations
      - Make sure the decision maker is as impartial as possibel
  - - - Employer: Employee can raise a personal grievance
      - Employee: Fired
- - - - When both parties work voluntarily with an independent mediator to resolve issues via free Employment Mediation Services
        
        Semi-formal confidential environment
        
        Cannot impose any decisions
        
        If the parties reach a solution: Record of settlement
    - - Can deal with claims of breaches of human rights and privacy in the workplace
        
        Cases are heard by a Chairperson and two panel members
        
        Cases have been: religious discrimination, sexual harrassment, gender discrimination
        
        Can award compensation for harm to feelings and humiliation
    - - Early Resolution Service: Phone service, resolves disputes informally
    - - If you have a problem at work that you haven't been able to resolve by talking to the other person or by using mediation, you can ask the ERA to resolve the issue by making a binding decision
      - Independent: Resolves relationship problems by looking into the facts a makes a decision based on the merits of the case, not the technicalities
      - Process: Applicant fills out form that describes problem and supporting evidence. The respondent must respond within 14 days and give their point of view. ERA will sort through the issues by asking for explanations and more relevant documents
      - Remedies: Interim reinstatement (during investigation), Reinstatement, Reimbursement, Compensation for hurt and humilation
    - - Ensures compliance with employment standards, identifies and investigates breaches and taking enforcement action
    - - If you are unhappy with the Employment Relations Authorities Decision, you can challenge it in the Employment Court
      - In some cases the ERA may refer the case directly to the Employment Court
        
        When your case involves an important question of law, nature and urgency of case mean that its in the public interest for Employment Court to hear it first. The court is already hearing a case between the same parties and that involves the same or similar matters
      - Two Challenges: Ask Court to review ERA's decision or ask the court to consider your case again "de novo hearing - court will gather facts itself without being influenced by ERA's decision
      - Remedies: Collect Debt