Client Description: Employment Law Practice

Service Delivered: Expert Evidence

Summary of Process: Client, acting on behalf of company defending a personal grievance claim from a former employee. A former employee was seeking substantial damages due to allegations of workplace stress and constructive dismissal amounting to over NZ$1m.  Due to our recognised specialized background in the area, we were requested to provide a brief of evidence regarding the validity or otherwise of allegations and steps needing to be taken to establish grounds that the work or actions of employer caused the ill health of the employee. We worked as part of a broader team as is common in a case like this.

Outcome for Client: Employment Relations Authority substantively rejected claims of former employee largely due to the reliance on self-report data and the lack of objective evidence supporting the plaintiffs' allegations. As a result the client saved over NZ$1m in possible damages.

Client Description: International Manufacturing Company

Service Delivered: Management Coaching

Summary of Process: National HR Manager approached seeking coaching services for local manager who had a management style that peers and subordinates described as abrasive, insensitive, impatient, and involving poor communication choices. The result was low morale and respect, and a climate of fear and distrust. A plan was created, in agreement with the manager, to establish some achievable and measurable goals over a two month coaching/support period.

Outcome for Client: Significant improvement in personal awareness by manager receiving coaching and notable difference in management style. Manager did not change who he was, but realized consequences of choices made and that impact of natural style had negative consequences for performance of his team, relationships with others, and his promotability within the company.  The changes made in management style were sustained long-term.

Client Description: Media

Service Delivered: Pilot Training Workshop

Summary of Process: Client identified a need for specialized training to assist employees with customer contact deal with at times aggressive, difficult, hostile and potential violent customers. The need was for effective training that gave attending employees confidence in dealing with such events, and interpersonal skills and awareness of personality psychology to manage these encounters when they occur. Encounters could often occur at unpredictable times and could involve abuse and/or personal threats.

Outcome for Client: A customized training program was designed and delivered for the client in a workshop format. Attending employees commented favourably as to the usefulness of the content and the useful tips and strategies. Additional comments noted the benefit of interacting with other employees during the workshop from other departments, learning from their experiences, and understanding that the risks of dealing with dangerous people was not confined to just their immediate experience with the company.  The company responded favourably to the training and continued periodically as a practical way to meet their health and safety obligations in this area.

Client Description: Security (Government Department)

Service Delivered: Occupational health advice

Summary of Process: Client required comprehensive assessment of an incumbent employees fitness for duty. Occupational health standards were high given need to maintain security of facility with high foot traffic, high visibility, and high need for public safety. Standards included psychological and behavioural requirements. Assessment of employee included interview and psychometric assessment, and the production of written report and conclusion to meet employment law and client standard requirements.

Outcome for Client: Client received comprehensive and qualified professional advice using a process likely to withstand legal and medical scrutiny and challenge.

Client Description: Local Government

Service Delivered: Workplace stress advice

Summary of Process: Approached by client to assist the improvement of communications within a critical team, and provide coaching assistance to team manager faced with a need to manage the long term stress of a current team member showing signs of possible personal grievance. Initial meetings established a plan to move forward with consent and full input of all team members aimed at improving interpersonal understanding and relationship management choices. Additional case management advice provided to manager (through telephone and face to face meetings) for the purpose of building an effective relationship with employee complaining of long term stress, so as to take steps to identify causes of stress, gain the employees input, and minimize employer health and safety liability.

Outcome for Client: Better functioning team with less conflict and team manager with improved occupational health management skills. Employee suffering from long term stress left within 3 months without taking a personal grievance.

Client Description: Corporate

Service Delivered: Independent investigation of workplace bullying

Summary of Process: Client identified a need for an independent investigator to evaluate allegations of workplace bullying and harassment.  Multiple complainants against a single senior manager had been ongoing and beyond the skills available within the company to manage effectively and appropriately identify the validity of the complaints made given their behavioural nature and complexity.  The process involved generating a transparent methodology, liaising with the client (HR Manager) on a regular basis, communication with both the respondent and all complainants, conducting of interviews (including nominated witnesses), liaising with respective legal and health advisors, compilation of evidence, and production of a comprehensive written report.

Outcome for Client: A thorough and comprehensive assessment of the allegations made was completed in accordance with principles of natural justice providing the respondents and complainants with a fair and transparent process, and the client a detailed examination of the complaints raised by an independent third party.  The resulting report dealt with each matter in depth, reached conclusions based upon the evidence provided, provided options for the client to resolve the situation in accordance with good management principles and employment law, raised areas of concern where appropriate for taff health and safety, and provided a final summation of ongoing issues of dispute.  The client demonstrated by the process followed that the matter was taken seriously and to a high standard.

Client Description: Financial services

Service Delivered: Team development

Summary of Process: An existing team had an ongoing series of issues regarding team dynamics, morale and performance despite efforts to manage these issues directly.  Management recognised that historical issues, strong personalities and difficulty understanding the core issues behind ongoing conflict and tension within the team needed to be understood if progress was to be made.  It was recognised that an independent third party would be able to explore and clarify these issues more effectively than an internal investigator/consultant.  An initial team meeting with our consultant to introduce the process, answer questions, and begin building relationships was followed by one-on-one confidential interviews over the following 2 weeks with all team members.  This provided team members an opportunity to have their say, and the consultant an opportunity to seek clarification, accountability, and evidence on the issues raised and suggested solutions.

Outcome for Client: A comprehensive and detailed report on the key issues causing lack of team cohesion and morale, distrust, and frustration.  The report provided both positive and negative feedback from team members, and practical and relevant solutions linked to the key issues of importance.  Team members participating found the process a useful and valuable opportunity to have their say whilst recognising that the focus of the consultants work was on identifying solutions to issues that could be changed.  Management found a framework around which they could confidently develop the team based upon the core issues identified, therefore ensuring relevance and acceptance of initiatives and apropriate use of resources and time.