Early Resolution Facilitator
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Tēnei Tūranga – About the role
The Early Resolution Facilitator is a member of MBIE’s Early Resolution Team within Dispute Resolution in the Employment Services Branch. The Early Resolution Team provides early assistance for resolving employment problems as well as capability building and support for bargaining. The purpose of the Early Resolution Facilitator is to assist people to resolve their employment relationship problems together through a variety of informal, fast, flexible and fair processes that may be appropriate to use at an early stage, before a formal process of mediation is required or without recourse to powers through a labour standards investigation. The role recognises that problems are better resolved promptly by those directly involved.
An Early Resolution Facilitator provides early resolution mediation services within the meaning of ss143, 144 and 145 of the Employment Relations Act in an early resolution context, specifically dispute resolution assistance, shuttle mediation, education, information and facilitation to enable people to receive statutory minimum employment standards, resolve employment relationship problems and experience positive employment relationships.
Ngā Herenga – Requirements of the role
Personal Specifications
- A strong interest, and/or study towards developing a career in employment relations, mediation or dispute resolution
- Experience in HR, employment relations, labour standards or dispute resolution would be an advantage
- Effective questioning ability to understand clients’ circumstances and identify underlying issues, and apply relevant legislative/policy principles
- The demonstrated ability to apply and understand a variety of approaches to conflict resolution including cultural protocols in relation to people from a variety of backgrounds.
- Strong communication skills including the ability to effectively manage conflict, stress and aggression in a multiparty interaction
- Able to influence others during challenging situations; and able to encourage others to comply with rights and responsibilities
- Ability to explain complex issues and policies in a manner that can clearly be understood and applied by clients, both over the phone and in written communication to a wide variety of audiences
- Ability to relate to and build rapport with people from a variety of backgrounds
- Ability to listen empathetically while remaining impartial
- Ability to communicate directly with diplomacy
- Able to accept and work as a public servant having to complete tasks or take approaches that may not always fit with one’s own personal opinions.
- Strong analytical and critical thinking skills to make effective and sound decisions
- Flexible in approach to problem solving
- Demonstrated time management skills with the ability to prioritise workload, as well as the ability to enter data correctly
- Personal resilience to dealing with people in conflict or in stressful situations
- Must have legal right to live and work in NZ
- All employees are required to comply with MBIE’s vaccination policy which seeks to protect the wellbeing, health and safety of our people, their whānau and the community. You are required to hold a valid vaccination pass to be employed at MBIE.
Takohanga Tuhinga o mua – Key accountabilities and deliverables
Early Resolution Facilitation
The Early Resolution Facilitator will conduct early resolution mediations and provide other dispute resolution services in accordance with the Employment Relations Act 2000 and other relevant legislation, and will;
- Provide information to employers and employees to resolve enquiries and employment problems
- Engage effectively with and facilitate interaction between employees and employers and their representatives
- Establish and maintain the confidence of employees and employers and their representatives
- Record agreements reached between the parties including Records of Settlement
- Act autonomously, impartially and in good faith to assist parties to reach resolution
- Resolve assigned cases to agreed quality and timeliness standards
- Respond orally and in writing to enquiries and complaints received, ensuring information is accurate, for internal and external audiences as required
- Meet required quality assurance standards for data entry and reporting
- Update records, managing information and documents in a manner consistent with MBIEs systems and information management requirements
- Contribute to the development and maintenance of the knowledgebase/ resources accessible by all MBIE staff
- Raise and act on insights arising from their work
- Be an engaged team member, who actively participates in team meetings, practice sessions.
The Early Resolution Facilitator will perform these functions whilst working in a manner consistent with the values of the Ministry.
Resolution Management
The Early Resolution Facilitator will achieve impartial, timely outcomes for parties by demonstrating:
- Ability to remain neutral and impartial in any dealings with parties, an ability to listen, express ideas and facts to gain understanding from a wide variety of people, including people who are distressed or angry
- Strong time management skills and ability to plan and manage their work
- Ability to research required information prior and during the early resolution process
- Ability to encourage people to engage, negotiate and respond to good faith as outlined in the Employment Relations Act
- Working with parties and any representatives on the telephone, video conference, other internet modes and shuttle facilitation as appropriate to the case and parties
- On rare occasions, bringing parties together in person according to criteria and where an early resolution approach is appropriate
- Ability to identify what is important and relevant and to obtain the right information to make informed and accurate decisions
- Applying verbal, legal and numerical reasoning skills to aid the problem-solving and decision-making process for the parties
- Communicating complex and diverse views
- Providing sensitive feedback and conveying understanding of key issues in a culturally appropriate manner
- Encouraging parties towards participation and a resolution
- Applying a coaching approach with parties where appropriate to empower self-resolution
- Escalating more serious issues appropriately and in a timely manner
- Ability to make decisions where a ‘no further action’ approach is required to maintain early resolution processes specific to timeliness and closure
- Applying sound reasoning to decide the appropriate channel for referral beyond the early resolution service where needed, in conjunction with Senior guidance
- High level of literacy and written communication skillset required to correspond with parties at all levels
- Signing out s149 Records of Settlement.
The Early Resolution Facilitator will be consistent in interpreting and applying the legislation and the employment relationship by:
- Drawing on a solid understanding of the relevant legislation
- Working with peers to review current or unusual issues to ensure similar approaches for similar situations
- Involving other parts of Employment Services and Te Whakatairanga Service Delivery Group, MBIE or other systems when appropriate.
Knowledge and Data Management
The Early Resolution Facilitator will contribute to a defined and consistent approach to the team’s work by:
- Maintaining an in-depth knowledge of agreed processes and practice resources and the purpose they play in growing consistency of practice
- Following and applying agreed processes and practice guidance
- Actively contributing to the collective review and improvement of processes and guidance resources
- Being flexible and responsive to changes in requirements
- Providing timely and helpful information to others across the organisation.
- Remaining informed in relation to changes in employment related legislation and relevant case law
- Ensuring that information collected is fed into business intelligence systems
- Applying the principles of the Privacy Act, Official Information Act, Public Records Act and other relevant legislation in how they document and share information about their work.
Cultural Responsiveness
The Early Resolution Facilitator will be effective across culturally-diverse settings by
- Ensuring cultural needs are taken into account in interactions with public and MBIE people
- Embracing diversity within the team.
Relationship Management
- The Early Resolution Facilitator will participate as an active team member and build strong working relationships with other staff in the Early Resolution Team, Employment Services, the wider Ministry of Business, Innovation and Employment
- Build and maintain effective relationships with internal and external stakeholders as necessary in order to identify and share best practice information and to promote the Ministry and its services.
Wellbeing, Health & Safety
- Displays commitment through actively supporting all safety and wellbeing initiatives
- Ensures own and others safety at all times
- Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting
- Reports all incidents/accidents, including near misses in a timely fashion
- Is involved in health and safety through participation and consultation.
Tō tūranga i roto i te Manatū - Your place in the Ministry
The Ministry has ten business groups: Building, Resources and Markets; Corporate, Governance and Information; Finance and Performance; Immigration New Zealand; Labour, Science and Enterprise; Te Whakatairanga Service Delivery; Provincial Development Unit (PDU); Managed Isolation and Quarantine; Digital, Data and Insights and Strategic Policy and Programmes.
The Early Resolution Facilitator position reports into the Early Resolution Manager in the Employment Services branch within the Te Whakatairanga Service Delivery group.
The functions in this group are:
- Strategy & Enablement
- Building & Tenancy
- Market Integrity
- Employment Services
- Engagement & Experience
- Business & Consumer
- Service Quality.
To mātou aronga – What we do for Aotearoa New Zealand
Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.
To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.
As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).
Ngā matatau – Our competencies
Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.
Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.
Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.
Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.
Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.
Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.
Te Tiriti o Waitangi
As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.
Mahi i roto i te Ratonga Tūmatanui – Working in the public service
Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.
In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.
What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission
