When Should A Labour Inspector Get Involved?
Labour Inspectors provide services under the Employment Relations Act and are responsible for protecting basic workplace rights guaranteed in the:
- Employment Relations Act
- Equal Pay Act
- Parental Leave and Employment Protection Act
- Wages Protection Act
- Minimum Wage Act
- Holidays Act
- Volunteers Employment Protection Act.
Employers and employees must meet the minimum entitlements in these Acts. They cannot agree to waive them. A Labour Inspector may assist when:
- the problem can’t be resolved with a phone call to the Department of Labour Workplace Contact Centre or through advice from your union or employers’ organisation
- the minimum rights can’t be understood
- there is a disagreement on how minimum entitlements have been calculated.
Information Officers at the Contact Centre can refer such matters to a Department of Labour Workplace Service’s area office for Labour Inspector assistance.
The Labour Inspector will discuss ways to approach the problem and any confidentiality issues involved. Inspectors have the right to:
- review wage and time records
- visit the workplace to verify the facts
- talk to the employer
- seek to create an understanding of the problem
- ensure any error is corrected.
Where possible, they assist the employer to set the matter right in the employer’s own way. If they cannot obtain a voluntary agreement, Labour Inspectors have rights to deal with breaches of legislation, such as issuing demand notices. Where there are continuing differences about the facts or interpretation, these matters can be resolved in mediation or in the Employment Relations Authority (see section 23).
Inspectors can help employers before problems emerge by:
- providing assistance on wage and time records
- explaining minimum provisions, such as parental leave
- reviewing holiday leave systems for correctness.
Department of Labour Workplace staff are based around the country. They are available to speak about basic employment rights to schools, employer groups and union groups and can be contacted through the Department’s Workplace Contact Centre on 0800 20 90 20.
When Should A Mediator Get Involved?
Many of the employment matters referred to the Department’s Workplace Services revolve around preserving or improving workplace relationships.
If you still need help after calling the Workplace Contact Centre to discuss your case, the matter can be referred to Workplace Services to seek mediation assistance.
Mediation is the main way to deal with problems that employers and employees are unable to solve without assistance.
Contacting the Department to talk about mediation does not commit you to taking any further action. You don’t need to make a formal complaint to the other party before speaking to the Department, although it is always worthwhile talking about the problem to ensure all options are canvassed as soon as possible.
The Department’s mediation services can help you to:
- obtain information on problem solving
- identify the skills you need to deal with the problem yourself
- be the trigger for you and the other party to recognise a problem exists
- resolve problems and improve workplace relations.
Help from a Department of Labour mediator is free and confidential.
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This page was last updated on:
04-May-2009
and is current.
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