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About the Employment Relations Authority ("ERA")
- It is very upsetting and stressful of when you find yourself unhappy in your employment for a number of reasons, such as:
- You are not being paid what you are entitled to;
- You are being ignored by your Employer;
- You are being bullied;
- Your Employer has not following the terms of your Employment Agreement;
- You are required to carry out work that is not part of your Employment Agreement;
- Some other matter that is making your employment extremely difficult.
- When you are faced with a problem with your Employment, the normal process is as follows:
- You try and speak with your Employer of to sort out the problems that you have. It is helpful if you keep a note of when you met with your Employer and what was discussed;
- If you are not successful with this, then it is important that you send you Employer either an email or a letter (making sure you keep a copy of this) advising that you would like another meeting to discuss your problems to try and sort it out. We have a document that you can purchase that will give you the documentation for your email or letter to send to your Employer You are entitled to have a supporting person with you and if you would like we could provide that supporting person for you, we have a who would also take notes for you of what was discussed at the meeting. If you do want a supporting person, you need to advise your Employer that you will be bringing a Supporting Person with you. Purchase, that will provide you with the or written to send to your Employer
- It is very important that you make notes at this meeting as to what was discussed.
- If the problem is not resolved at this meeting and you are still unhappy, it is at this stage that you make an application to the ERA to sort this problem out.
- The process that follows is as follows:
- Your Employer is given the right to reply to your Personal Grievance Claim;
- You are entitled to reply to this in writing should you wish;
- Your Personal Grievance Claim is then given a time for a meeting.;
- This is called an "Investigation Meeting". It is a meeting around the table with a Reviewer who is very experienced in employment matters. The meeting is completely "without prejudice", which means that anything discussed at this meeting cannot be used should you decide to proceed to the Employment Court;
- Approximately 95% of all Personal Grievance Claims are sorted out at this meeting;
- The Reviewer will advise at the end of the meeting who is more likely to succeed or not;
- The Reviewer will then give the Parties an opportunity to discuss in private what outcome they would be happy with. The Reviewer will come into these meetings from time to time and give you very sound advice.
- After this is finished, PARTIES will return to the meeting room and hopefully agree on a Settlement.
- If the Parties do not agree on a Settlement, then it is your right to refer the matter to the Employment Court. This is like a hearing in the District Court, and we strongly advise you that if you wish to proceed to the Employment Court, you do need support. We can assist you with that.
- Unfortunately it takes a couple of months to get to the Mediation meeting after your Personal Grievance Claim has been filed.