scholarly journals The Problem Resolution Framework Under the Employment Relations Act 2000

Author(s):  
Andrew Annakin

The Employment Relations Act 2000 provides options for interventions to support employment relationships and to prevent and solve employment relationship problems. These interventions follow a hierarchy of roles established by the Act, involving the availability of mediation services in all its forms (including best practice information and assistance), the investigative role of the Employment Relations Authority, and the judicial role of the Employment Court. These problem solving processes act as a continuum, with people able to move between the different, but complementary, forms of assistance. This paper discusses those processes in terms of the services that are available, developments in the first two years under the Employment Relations Act, and the challenges ahead.

2019 ◽  
Vol 24 (1) ◽  
pp. 53-77
Author(s):  
Levi R. Baker ◽  
James K. McNulty

In this article, we synthesize existing literatures across numerous domains to introduce a novel model—the Relationship Problem Solving (RePS) model—for understanding the process through which romantic partners influence one another to resolve relationship problems. The first section briefly describes the key constructs and stages of the model. The second section details the interpersonal behaviors that influence various intrapersonal factors (e.g., affect, self-efficacy) that ultimately influence partners’ motivation and ability to progress through the stages of the model. The third section uses the model to generate novel predictions that suggest that the effectiveness of these interpersonal behaviors often depends on contextual factors. Finally, the fourth section discusses the implications of this model for understanding relationship problem solving, highlights the need to consider the role of context in the problem-solving process, and offers numerous specific predictions to be addressed by future research.


2021 ◽  
Vol 19 (1) ◽  
pp. 46-51
Author(s):  
Andrej Poruban ◽  
◽  
Karol Krajčo ◽  

The paper deals with the possibility of division of rights and obligations arising from employment contracts for one employee for several employment relationships part-time. The conclusion of the pre-contractual process in employment relations is the conclusion of an employment contract, which establishes an employment relationship. Within it, one undertakes to perform dependent work for pay for the other. It is a socio-economic relationship, because its nature is not only property but also personal, not only in the sense of personal performance of work. By including the employee in the organizational structure of the employer, a close personal bond is established, which activates a whole range of subjective rights and legal obligations of the subjects of employment.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Bernd Brandl

PurposeThis paper addresses the puzzle of why the same workplace employment relations regimes can lead to different performances and why different regimes can produce the same performance. It is argued that the incidence of mutual, and not necessarily unilateral, trust between the employee representation and the management accounts for these differences, as mutual trust fosters information sharing and helps to strike deals that are mutually beneficial. Against the background that the institutional and organizational characteristics of some workplace employment relations regimes also constitutes information sharing and joint decision making, the author further argues that mutual trust is a functional equivalent.Design/methodology/approachMethodologically, the article is international and cross-country comparative in nature and conducted on the basis of a unique, large and transnational comparable data set of the employment relationship at firm level in eleven countries.FindingsOur results show that strong mutual trust is associated with significantly higher incidences of increases in firm profitability, regardless of the workplace employment relations regime in which the firms are embedded.Practical implicationsThe results clearly indicate that trust between the employee representation and the management works as a functional equivalent to performance enhancing employment relations regimes. Therefore, some policy recommendations and imposed institutional reforms of employment relations regimes by the IMF and the European Central Bank in some countries are sub-optimal and might not have been necessary. Trust building initiatives between the employee representation and the management are therefore an alternative, which is less conflictual and could have the same effect on the performance of firms.Originality/valuePrevious analyses on differences in the performance effects of workplace employment relations regime concentrated almost exclusively on institutional factors. Factors that account for differences in the functioning of regimes such as in particular the role of trust were not considered before. Against this background, the originality of this analysis is that it clearly shows that it is not sufficient to consider only the institutional and organizational structure of regimes, but it is essential for a better understanding of the effects of the employment relationship to consider factors which account for the functioning of the regimes such as, in particular, trust.


Author(s):  
Michael F. Keith

The Employment Relations Act 2000 has as a core value the settling of employment relationship problems at the lowest level practicable. Mediation plays a prominent part in this process. A key issue in the mediation process is the application of confidentiality. Through review of significant cases determined by the Employment Relations Authority, Employment Court and the Court of Appeal, this paper examines the development and application of confidentiality within the mediation process in New Zealand. The Paper finds that while the law is well developed ethical and public interest issues remain. Further judicial and parliamentary consideration is called for.


AdBispreneur ◽  
2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Devi Melisa Damiri ◽  
Mohammad Benny Alexandri

ABSTRACTThe research objective is to study and determine the level of non-standard employment relationships in Nigeria and Indonesia. The employment relationship is not as standard as is initial workers, which are contract employees and outsourcing. The nonstandard employment relationship are reinforced by the number of unemployment in Nigeria and Indonesia which are every form of nonstandard employment will offer the challenge but it will tend to have the great of losses.The results of the study found that non-standard employment relationships in Nigeria and Indonesia in general is not different. Most employees are not standard work is in positions which have low skills, without a career path and can harm the development of human resources for both companies or clients. On the other hand, who had a temporary job as an employee or non-standard employee is better than not having a job. Therefore the unemployment rate can be reduced and can significantly increase the country's economic growth.Keywords: Unemployement, nonstandard employment relations, contract employees, outsourcing, country’s economic growth HUBUNGAN INDUSTRIAL:  PERBANDINGAN HUBUNGAN KERJA TIDAK STANDAR DI NEGARA NIGERIA DAN INDONESIA ABSTRAKPenelitian ini bertujuan untuk mempelajari dan menentukan tingkat hubungan kerja tidak standar di Nigeria dan Indonesia. Hubungan kerja tidak standar yang dimaksud sebagai karyawan kontrak dan outsourcing. Hubungan kerja tidak standar diperkuat oleh jumlah pengangguran yang ada di Nigeria dan Indonesia dimana setiap bentuk pekerjaan tidak standar menawarkan tantangan namun akan cenderung memiliki banyak kerugian. Hasil penelitian ditemukan bahwa hubungan kerja tidak standar di Nigeria dan Indonesia pada umumnya tidak berbeda. Sebagian besar karyawan merupakan pekerja tidak standar yang memiliki keterampilan kerja yang rendah, tanpa memiliki jenjang karir dan dapat membahayakan perkembangan sumber daya manusia baik bagi perusahaan maupun klien.  Di sisi lain, memiliki pekerjaan sementara baik sebagai pekerja standar ataupun pekerja tidak standar akan lebih baik daripada tidak memiliki pekerjaan. Dengan demikian tingkat pengangguran dapat dikurangi dan secara signifikan dapat meningkatkan pertumbuhan ekonomi negara.Kata kunci: Pengangguran, hubungan kerja tidak standar, karyawan kontrak, outsourcing,                    pertumbuhan ekonomi negara.


2015 ◽  
Vol 37 (6) ◽  
pp. 670-682 ◽  
Author(s):  
Gill Dix ◽  
Sir Brendan Barber

Purpose – The purpose of this paper is to provide an overview of the evolving role of the Advisory, Conciliation and Arbitration Service (Acas) across a 40-year period against a backdrop of changing workplaces and institutional frameworks. Design/methodology/approach – The paper draws on the statistical and evaluation evidence together with policy commentary and employment relations literature to provide a commentary on the changing world of employment relations. Findings – Two areas have dominated policy concerns over the period: patterns of employment disputes and the question of employment regulation. The paper argues that such a focus has stimulated some dramatic changes in the way disputes manifest in Britain, and at the same time left something of a policy vacuum in relation to the wide challenges and opportunities for improving conflict handling and the employment relationship. Through the prism of Acas’ work the paper identifies some of the enduring features that are common to improving both collective and individual relationship at work. Originality/value – The paper brings together evidence from different sources combined with the unique perspectives of Acas and its service users to draw and provide explanations for aspects of the changing face of the work.


2018 ◽  
Author(s):  
Brett Buttliere

Over the last decade, there have been many suggestions to improve how scientists answer their questions, but far fewer attempt to improve the questions scientists are asking in the first place. The goal of the paper is then to examine and summarize synthesize the evidence on how to ask the best questions possible. First is a brief review of the philosophical and empirical literature on how the best science is done, which implicitly but not explicitly mentions the role of psychology and especially cognitive conflict. Then we more closely focus on the psychology of the scientist, finding that they are humans, engaged in a meaning making process, and that cognitive conflict is a necessary input for any learning or change in the system. The scientific method is, of course, a specialized meaning making process. We present evidence for this central role of cognitive conflict in science by examining the most discussed scientific papers between 2013 and 2017, which are, in general, controversial and about big problems (e.g., whether vaccines cause autism, how often doctors kill us with their mistakes). Toward the end we discuss the role of science in society, suggesting science itself is an uncertainty reducing and problem solving enterprise. From this basis we encourage scientists to take riskier stances on bigger topics, for the good of themselves and society generally.


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