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Steps for investigating industrial disputes

1. Find out the following information to help make a decision:

  • which parties are directly involved in the dispute
  • the sequence of events leading up to the dispute
  • the date of stoppage
  • the name(s) of the union(s) directly involved in the dispute
  • whether any other union(s) are actively supporting the union(s) taking direct action
  • whether any employees have been suspended as a result of the industrial action and if so, find out:

a) The date of issue of the suspension notices.

b) The effective date of suspension.

c) The section of the Employment Relations Act 2000 used to suspend the employees (Note this is not required for employees who have been on strike).

d) Which union(s) the suspended employees belong to.

2. Helpful documentation includes:

  • newspaper reports about the stoppages
  • copies of notices to employees which can confirm events that have taken place
  • the employment contract that is in dispute

3. Contact parties by telephone first, to reduce delays, and give them an idea of the information required and why.

4. Follow up immediately in writing. If any of the parties do not provide written comment within a reasonable time, or refuse to comment at all, use only verified details of the dispute when making a decision.

5. Where applications have been received from non-striking employees who have been suspended find out:

  • whether the employers have issued notices to individual employees suspending them
  • whether such notices have been issued to all members of a particular union at a particular workplace

Then obtain:

  • a copy of the notice issued and a list of suspended employees from the employer and
  • the employers reason for suspension (this is usually written in the notice)

6. A detailed formal decision must record the relevant factors of the dispute taken into account when reaching the decision. The decision will be recorded as applying to various unions rather than individual applications.

This is not required where all applications can be declined as work resumed during the stand-down period.

7. After a formal decision has been reached, individual applications can be decided.

8. All parties who respond to requests for information about the dispute must be notified in full of the decision reached.

9. All clients must be notified as to the outcome of their individual applications and appeal rights.

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