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Employment Relationship Problems: Costs, Benefits and Choices

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Overall Impact Of Employment Relationship Problems On The Economy

Financial costs and benefits of employment relationship problems

There are several ways of measuring the overall cost and benefit of employment relationship problems to the economy and society as a whole. None of these methods are perfect and many costs and benefits can only be estimated.

The net direct financial costs of ERPs can be defined as the total amount that employers and employees or their representatives spend on investigating, negotiating and resolving problems, including:

  • Legal or similar costs,
  • Meeting costs,
  • Replacement staff to carry out the duties of staff under suspension or stress/sick leave during the course of an ERP.

The median net direct cost to immediately affected parties (that is employer and employee payments other than transfers) was around $2200. The total direct costs for all employers (that is multiplying the average costs found in the survey by the number of ERPs estimated for the whole economy) would be around $146 million for the 12 month period. This amounts to around 0.4% of private sector wages and salaries for the year.[10] Adding in lost management and staff time and productivity during the course of the ERP would increase the total cost to employers of ERPs to $214 million (0.6% of private sector wages and salaries for the year).

In addition to these direct financial costs, there were several other costs and benefits identified. ERPs were stressful for both employers and employees. Several of the employees interviewed for the case studies spent periods of time, varying from a week to months, on sick leave, and managers or employers also commented on the levels of stress. This stress could also spill over into poor morale for other employees, especially where the ERP included elements of in-house conflict or parties not acting in good faith. On the other hand, facing up to issues and addressing them can have significant benefits.

While ERPs may cause morale problems while they are being addressed, these may be made up for in improved morale if staff see a fair result, and particularly if management are seen to be addressing disruptive actions by other employees (for example, workplace bullying). In the survey, more of the employers who experienced ERPs during the previous twelve months reported increases in productivity than those who did not. Several employers in the case studies also put in place more robust processes and procedures to prevent recurrence of issues. For example, a case study employer put in place policies on alcohol and drug induced impairments in the workplace in response to dealing with a specific ERP related to these factors.

Around 17% of employers said their ERP resulted in a gain in productivity, about 8% said there was a loss in productivity and the remaining 75% said there was no change.

Social and personal costs and benefits

Findings from the case studies suggest that ERPs also presented both employees and their managers with a range of social costs and, in some cases, benefits.

Costs

The largest and most commonly mentioned costs were psychological. Both employees and employers found ERPs to be stressful, unpleasant and even distressing. Employees spoke of depression, anxiety and low self-esteem. Others commented on the amount of time and energy that fighting the ERPs cost them. Some said that they had reduced social contacts and energy for their families.

It was probably the most debilitating three years of my life... You'd get one letter and then you'd spend weeks analysing it, going over it ... My young fella he went from about form one to form three. ... And we lost those years with him. (Employee's husband)

The emotional effects themselves affected the employees' sleep and general health, in some cases exacerbating pre-existing conditions such as high blood pressure. This impact on employee health was reflected in increased use of sick leave entitlements during the ERP.

Employees felt their job and career had suffered as a result of the ERP. Some lost a job they wanted to do and got satisfaction from. Some noted the difficulties of not being able to use their employer as a referee for future job applications. During the ERP, employees also had reduced productivity at work because of the stress of the ERP, time spent on it during working hours, and/or personality conflict with colleagues.

During an ERP, employers, management and other employees, even if they were not directly involved in the ERP, also felt stressed from the unfolding ERP and sometimes from having to give evidence. Both employers and employees were also worried about the impacts of ERPs upon their reputations and the morale of those around them.

ERPs affected the stress levels, health, financial situation and productivity of both, employers and employees, and led to consequences for the families of both. All the interviewees indicated that the process had been unpleasant to be involved in, even extremely distressing. Most of them wanted the ERP to be resolved so they could put it behind them and carry on with their lives.

The extent and magnitude of the social costs varied a lot. To some extent, but not always, the severity of the consequences depended on:

  • The length of time for which the case lingered. This in turn depended on the extent to which the case had escalated, and the length the parties were prepared to go resolve the case.
  • Personal circumstances of the employee and employer. If the involved parties had family, often the party resolved the case just to be finished with it regardless of the outcome, because of the effects on their family. In contrast, an employee with no immediate family and in secure financial circumstances could pursue his case until it was resolved to his satisfaction.
Benefits

Some employees had discovered an inner strength in going through the case and thought they had come out a tougher person.

But ... I believed in what I was doing - believed that I was doing the right thing and that gave me strength to be able to carry on and work through it. (Employee)

Some employees had looked back on the job they had left and realised that they actually did not want to continue in it, so they were pleased to have left it. Following an ERP, a few employees had gone on to get better jobs. In addition, some others mentioned specific, one off, benefits, such as improved problem solving skills.

Where an employee left as a result of an ERP being resolved, remaining employees often experienced a better work atmosphere and a more functional team. This outcome was usually a result of the ERP being resolved, rather than the ERP itself; however it was a benefit. One employer also received positive publicity for pursuing a case against a workplace bully.

Following an ERP, some employers introduced better, more consistent, up-to-date and often formal procedures or processes such as human resources management, recruitment, and employment agreements. One employer now attended employment information/training seminars to ensure they were fully aware of their employment obligations. While instituting such improvements would incur a financial and time cost at the time, their payoffs should outweigh the costs in the long run.

Generally, both employers and employees in the case studies indicated that the costs, both financial and personal, far outweighed the benefits. Both employees and employers could readily list the costs of the ERP, but most identified few, if any, real benefits. Even employees who received relatively large financial settlements indicated that this did not make up for the costs they had incurred as a result of being involved in an ERP. Employers who noticed improvements in productivity or work atmosphere following the departure of a 'problem' employee had incurred reduced productivity and an unhealthy work atmosphere with reduced morale during the ERP.

Access to justice issues

Employment relationship problems of some type or another are inevitable. There will always be some underperforming staff, dishonest employees or bullying managers. The Employment Relations Act recognises this inevitability and provides a mechanism for resolution of these issues. In the absence of such a system, the most likely consequence is that aggrieved employees would seek common law damages. Certainly this has been the experience in the USA, where courts have found a variety of grounds for challenging unjust dismissals. The Act's emphasis on "good faith" would be likely to encourage such developments in New Zealand. Such a common law approach would be likely to result in greater uncertainty for both employers and employees until sufficient case law had developed and less likelihood of some parties, in particular low income employees, to be able to fund the costs of litigating unfair treatment.

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[10] Based on Statistics New Zealand Quarterly Employment Survey data.