I have a dispute with my employer and need some support. What should I do?
What is the Employment Relations Service?
What is the Employment Relations Authority?
When should I contact a Labour Inspector?
I have a dispute with my employer and need some support. What should I do?
Employers have a responsibility to try and resolve problems with their employees in good faith, so if you are having a dispute with your employer you should first try and discuss it with them. This isn’t always easy but it is a necessary step towards solving any dispute. If you can’t resolve the problem with your employer then you have a few options:
If you want to pursue any of these options then your local Citizens Advice Bureau can help.
What is the Employment Relations Service?
The Employment Relations Service advises both employees and employers about their rights and obligations. It also provides free mediation advice. If the parties reach an agreement through mediation and sign it, it will be legally binding. For more information about the Employment Relations Service, see their website or phone the Employment Relations info-line on 0800 20 90 20.
Mediation is confidential and without prejudice to later proceedings. This means that the parties can speak freely during mediation and anything you disclose during the mediation cannot be referred to if your grievance continues on to the Employment Relations Authority. This means that mediation is a useful place for you to talk through the issues that exist between you and your employer.
Mediation provided by the Employment Relations Service is overseen by a mediator who will ensure that the process goes as smoothly as possible. However, participation in mediation is voluntary so if you are not happy with how mediation is going, you do not have to continue with it. It is up to the parties to agree to settle the dispute by way of a settlement agreement – neither the mediator nor your employer can force you to agree to anything.
If the Employment Relations Service can’t help resolve the issue, the Employment Relations Authority may be able to help.
What is the Employment Relations Authority?
The Employment Relations Authority (ERA) is the next step in resolving an employment dispute if mediation through the Employment Relations Service doesn’t work. The ERA is an independent body set up to investigate workplace disputes. Once you have lodged an application with the ERA there will be an investigation meeting where both sides can put forward their case. After this meeting, the ERA will make a decision based on the merits of the case. Anyone can make an application; it will cost $70. For more information see their website.
When should I contact a Labour Inspector?
If you are concerned that your boss is not meeting the minimum legal standards, then you can contact a Labour Inspector. A Labour Inspector makes sure that employers are operating legally in terms of things like annual leave, public holidays and minimum wages. It doesn’t cost anything to get the help of a Labour Inspector. A Labour Inspector can take action to enforce minimum standards through the Employment Relations Authority. You can contact a Labour Inspector by calling 0800 20 90 20.