Managing the Volunteer-Paid Worker Relationship

Misunderstandings between paid staff and volunteers can usually be put down to unclear roles.

• Involve staff as much as possible in planning for volunteer involvement, including job design, interviewing and training of volunteers
• Provide orientation and training of staff to work with volunteers before volunteers become involved in the programme
• Organise some joint in-service training for both volunteers and staff. This can create shared understanding about the two roles
• Identify staff who like working with volunteers.

Community Resource Kit, Managing Volunteers www.community.net.nz © Crown Copyright Department of Internal Affairs

See also www.nzfvwo.org.nz - New Zealand Federation of Voluntary Welfare Organisations - Managing Volunteers.

Managing Employment Relationship Problems

Sometimes an employment relationship problem can not easily be resolved and may require more focused attention.

1. Manage performance issues by:

• Setting clear standards (employment agreements, job descriptions)
• Reviewing performance regularly
• Having a performance plan: format, dates, preparation required by employee
• Ensuring a two-way process: employer & employee input
• Monitoring poor performance: document it, be fair, provide support, clarify expectations, set time-frame for follow-up.

Tell employees about any concerns, giving them reasonable opportunity to improve, and warn them of the likely consequences (including the possibility of dismissal if appropriate) if expectations are not met. Give the employee clear descriptions of his or her inadequate performance so they know what needs to improve, and how to do so.

2. Managing Disputes

An employer has a duty to be fair, to act in good faith and to hear both sides, especially in situations where an allegation is made against someone or a dispute arises. The principles of natural justice prevail, i.e.:

• Employers notify employees of the specific allegation of misconduct, give them a chance to refute the allegation or explain or extenuate their misconduct, and advise the likely consequences if the allegation is established
• Under the Employment Relationships Act 2000, mediation is the primary mechanism for resolving employment relationship problems.

3. Disciplinary Processes

• Employers must conduct a full investigation and provide the employee with all relevant information
• Employees should be notified in advance if the meeting is a disciplinary one
• Employees have the right to bring along a union delegate or witness
• Employers must act reasonably and fairly throughout the disciplinary process
• Any decision the employer makes must be consistent with previous decisions involving other employees.

4. Warnings

• If an employer has issues with an employee's performance, they should notify the employee and give them time and training to improve
• A warning should not be issued unless there has been fair process
• Organisations should develop a specific disciplinary policy, listing examples of minor and serious misconduct, the procedures for handling each, and the grounds for dismissal. This should be provided to the employee as part of their induction and can be included in a Staff Employment Handbook.

Generally speaking, the level of the offence and the number of times the individual has committed that level of offence is a good guide to suggesting how the misconduct should be handled.

Source: Humphreys (2008) www.community.net.nz © Crown Copyright Department of Internal Affairs

5. Personal Grievances

The Employment Relations Act 2000 gives all employees the right to pursue a personal grievance if they experience any of the following complaints:

• Unjustifiable dismissal
• Unjustifiable action that disadvantages the employee
• Discrimination
• Sexual or racial harassment
• Duress over membership of a union or other employee organisation.

If an employee believes they have a personal grievance, they must raise it with their employer within 90 days of the action complained of, or the date they became aware of it, whichever is the later. There are exceptions to this whereby the Employment Relations Authority will allow employees to raise a grievance after 90 days, but this is not the rule. Employees may not start a personal grievance action in the Employment Relations Authority or the Employment Court more than three years after they have raised it with the employer.

As with any employment problem, employees who believe they have a personal grievance should follow the first steps for resolving employment relationship problems.

Remedies for a personal grievance can include reimbursement of monies owing, compensation (e.g. for humiliation and loss of dignity), reinstatement to the job, or interim reinstatement while the personal grievance is being heard. If a personal grievance is raised, the employer must take it seriously. It is advisable to seek legal counsel from the outset.

6. Breaches of an Employment Agreement

If employers or employees believe that their employment agreement has not been kept to, or has been changed without their agreement, they should first clarify the problem and talk to the other party to try to solve it.

If it is a collective agreement, they must ensure that the other party - the employer or the union - knows about the problem.

They may also contact Employment Relations Infoline for information or advice. Often mediation will be the best way to resolve a problem that the parties cannot fix themselves.

If these options do not work, more formal steps are available, including asking the Employment Relations Authority to deal with the breach.

When enforcing an employment agreement, any party has the right to use a representative, such as a union, an employers' organisation or a lawyer.

7. Dismissal

If a dismissal situation arises employers need to follow certain procedures to ensure they comply with the law and protect the interests of their organisation.

Generally speaking, employees may be summarily (instantly) dismissed if their misconduct is serious. Consistently poor performance or misconduct would normally result in an employee being taken through a warning process, possibly resulting in dismissal.

In all instances there must be a good reason for a dismissal and it must be carried out in a fair manner, following any relevant provisions in the employment agreement, or an employee may have grounds for taking a personal grievance against the organisation.

Before embarking on the dismissal of an employee, employers should:

• Make sure they have done their research
• Are clear on the facts
• Have the support of senior people in the organisation
• They may also wish to seek legal advice.

An employee who has been dismissed may ask their employer for a written statement setting out the reasons for the dismissal. They must do this within 60 days of the dismissal and employers must provide this statement within 14 days of being asked. If the employer does not provide this statement, the employee will be able to raise a personal grievance after the 90-day period.

8. Constructive Dismissal

This occurs if a manager or an organisation pressures an employee to resign. This can be either direct pressure (e.g. giving an employee a choice between resigning or being dismissed) or indirect pressure (e.g. making it an intolerable environment for the employee to work in).

9. Redundancy

Employees cannot be made redundant because they are not performing. This should be dealt with in other ways; either through developing and training the employee to improve performance or, if poor performance continues, through the disciplinary (warning) process.

If an employee has to be made redundant, it is important to do it in a procedurally correct and fair manner. Otherwise the employee may be in a position to take a personal grievance.

Information

• www.ers.dol.govt.nz - Department of Labour Employment Relations Service
• www.nscss.org.nz - North Shore Community and Social Services - Managing Conflict

PROBLEM	SUGGESTED MANAGEMENT ACTION
1st minor misconduct	Informal talk with employee (not part of the formal procedure)
2nd minor misconduct	First formal warning (verbal) Stage One of the procedure
1st misconduct or 3rd minor misconduct	First written warning Stage Two of the procedure
2nd misconduct or 4th minor misconduct	Final written warning Stage Three of the procedure
Serious misconduct or 3rd misconduct or 5th minor misconduct	Dismissal Stage Four of the procedure