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employment

Resolving conflicts between coworkers

Key Takeaway

In New Zealand, resolving coworker conflicts involves both employers and employees adhering to good faith obligations under the Employment Relations Act 2000. Employers must provide a safe workplace and robust dispute resolution processes. Employees are expected to raise concerns constructively. Formal options like mediation and personal grievances are available if informal resolution fails.

Resolving Conflicts Between Coworkers in New Zealand

Workplace conflicts between coworkers can arise in any employment setting. New Zealand employment law sets out obligations for both employers and employees to address these issues, aiming to foster productive and safe work environments.

Employer Obligations

Employers have significant responsibilities in managing and resolving coworker conflicts:

  • Good Faith: Employers must deal with their employees in good faith, which means being open, honest, and not misleading during all aspects of the employment relationship, including dispute resolution [Source: Employment Relations Act 2000, s 4]. This obligation includes considering and addressing concerns raised by employees.
  • Safe Workplace: Employers are required to ensure, so far as is reasonably practicable, the health and safety of their workers and others affected by their work. This includes managing psychosocial hazards, such as bullying, harassment, or chronic unaddressed conflict, which can pose risks to mental and physical health [Source: Health and Safety at Work Act 2015, s 36].
  • Internal Dispute Resolution: Employers are generally expected to have internal processes for resolving employment relationship problems. These processes should be transparent and accessible, allowing employees to raise concerns and seek resolution within the workplace [Source: Employment Relations Act 2000, s 65]. Employment agreements are required to include a plain language explanation of how to resolve employment relationship problems [Source: Employment Relations Act 2000, s 66].
  • Fair Process: When investigating conflicts or potential misconduct arising from conflicts, employers must adhere to principles of natural justice and fairness. This typically involves informing the employee of the allegations, giving them a genuine opportunity to respond, and thoroughly considering their explanation before making a decision [Source: Employment Relations Act 2000, s 103A, which requires an employer's actions and how they were arrived at to be what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred, implicitly requiring fair process].

Employee Obligations and Rights

Employees also have obligations and rights regarding coworker conflicts:

  • Good Faith: Employees are also bound by the obligation to act in good faith towards their employer and other employees [Source: Employment Relations Act 2000, s 4]. This includes participating constructively in conflict resolution processes.
  • Raising Concerns: Employees have a right to raise an employment relationship problem with their employer. It is generally advisable to attempt to resolve issues directly with the employer first, using any internal dispute resolution processes available [Source: Employment Relations Act 2000, s 65].
  • Right to a Safe Workplace: Employees have a right to work in an environment free from bullying, harassment, and other forms of unreasonable behaviour that can arise from unmanaged conflict [Source: Health and Safety at Work Act 2015, s 36].

Pathways for Resolution

Several pathways exist for resolving coworker conflicts:

Informal Resolution

  • Direct Communication: Often, conflicts can be resolved by open and respectful communication between the individuals involved. This may involve discussing the issue directly or seeking the informal assistance of a neutral colleague or manager.
  • Internal Assistance: If direct communication is not effective or appropriate, employees can raise the issue with their direct manager, HR department, or a designated staff member responsible for conflict resolution within the organisation. The employer may then facilitate discussions or implement interventions.

Formal Resolution

If informal attempts fail, or if the conflict is serious, more formal mechanisms are available:

  • Mediation: The Ministry of Business, Innovation and Employment (MBIE) provides free mediation services. Mediation is a process where a neutral third party (a mediator) helps those in dispute to communicate and negotiate in an attempt to reach a mutually acceptable resolution [Source: Employment Relations Act 2000, s 144]. Any settlement reached through mediation can be recorded in a formal agreement, which is legally binding and enforceable [Source: Employment Relations Act 2000, s 149].
  • Personal Grievance: An employee may raise a personal grievance if they believe they have been disadvantaged by an employer's action or inaction related to the conflict. Grounds for a personal grievance include unjustifiable dismissal, disadvantage, discrimination, sexual harassment, racial harassment, duress, or an employer's failure to provide a safe workplace [Source: Employment Relations Act 2000, s 103(1)]. A personal grievance must generally be raised with the employer within 90 days of the action occurring or coming to the employee's attention [Source: Employment Relations Act 2000, s 114].
  • Employment Relations Authority (ERA): If a personal grievance or other employment relationship problem cannot be resolved through mediation, either party may apply to the Employment Relations Authority (ERA) for a determination. The ERA is an investigative body that makes decisions on employment disputes [Source: Employment Relations Act 2000, Part 9].
  • Employment Court: Decisions made by the ERA can be appealed to the Employment Court, which is a specialist court that deals with employment law matters [Source: Employment Relations Act 2000, Part 10].

Bullying and Harassment

Conflicts that escalate to bullying or harassment are serious matters with specific legal implications:

  • Bullying: Bullying in the workplace can constitute a health and safety risk that employers must manage [Source: Health and Safety at Work Act 2015, s 36]. It can also be grounds for a personal grievance if it results in disadvantage or an unsafe workplace [Source: Employment Relations Act 2000, s 103(1)(c) and s 103(1)(f)].
  • Harassment: Harassment includes sexual harassment, racial harassment, or other forms of harassment related to prohibited grounds of discrimination under the Human Rights Act 1993. Both sexual and racial harassment are specific grounds for raising a personal grievance [Source: Employment Relations Act 2000, s 103(1)(e)].

When to Seek Independent Legal Advice

Individuals facing coworker conflicts, whether employers or employees, should consider seeking independent legal advice if the matter is complex, involves serious allegations, if formal processes are being considered, or if they are unsure of their rights and obligations. This includes consulting with employment law specialists, relevant government agencies like Employment New Zealand, or Community Law Centres for free legal information.

Key Resources