Mediator - Employment

Tēnei tūranga – About the role

The Mediator (Employment) is a team member position in MBIE. The mediator works in partnership with their manager and other staff to provide expert problem-solving support, information, and assistance to parties to resolve problems in any aspect of an employment relationship.

Ngā herenga – Requirements of the role

Personal specifications

A proven track record of experience and achievement in:

• Applying a mediation process appropriate to the needs of the parties, recognising the underlying principles of confidentially, impartiality, voluntariness, and empowerment.
• Negotiating or facilitating interaction between parties in conflict.
• Being able to establish and maintain the confidence of parties.
• Knowledge and understanding of the New Zealand employment relations system including the Employment Relations Act 2000 and other related legislation and employment relations best practices or the ability to quickly gain this.
• Interpreting employment agreements and employment law in a forum where decision making may be required.
• EEO principles and practices, cultural and gender differences, and an understanding of the implications of those differences for employment relationships and problem resolution.
• Proven record of working with diverse ethnic groups and an understanding of Tikanga Māori and Pacific cultural practices.
• Computer literacy with Microsoft suite, especially Outlook, Word, Excel, Teams, and videoconferencing platforms.
• A tertiary qualification in: mediation, employment law, employment relations, industrial relations, or equivalent experience desirable.
• A current full driver’s licence and must be available to travel.
• Must have the legal right to live and work in New Zealand.

Takohanga tuhinga o mua – Key accountabilities and deliverables

Employment dispute resolution service delivery

• Conduct mediations and other dispute resolution services in accordance with the Employment Relations Act 2000 and other relevant legislation.
• Support the parties in achieving successful employment relationships by promoting the obligations of good faith and mutual trust and confidence.
• In cases where mutual resolution is either inappropriate or impossible, and the parties agree, the mediator may make a Section 150 decision which is final and binding on the parties, or a recommendation as to how the problem might be resolved.
• Comply with relevant statutory provisions and best practice processes, including the Mediator competency framework and code of ethics.
• Establish and maintain the confidence of parties, and/or representatives.
• Act autonomously, impartially and in good faith to assist parties to reach resolution of their differences.
• Deliver dispute resolution services through appropriate channels, including face-to-face meetings, or through the use of technology such as telephone, video conferencing, the internet etc.
• Ability to travel and undertake mediations in other regional areas as required.
• Provide Records of Settlement Services as required.
• Undertake educational initiatives and presentations to external groups and stakeholders as required.
• Be able to meet the cultural needs and aspirations of Māori in the course of your work and communications.
• Be able to engage with other cultures, including Pasifika, to assist dispute resolution, communicating complex and diverse views in a culturally appropriate manner.
• Accurate and timely information management practices including entering data, reporting on workload and case management processes and outcomes.

Information and education

• Respond to general enquiries for information from clients as required.
• Deliver high quality public education to target audiences in accordance with national processes and strategy.

Relationship management

• Participates as an active team member and contributes knowledge and expertise needed to achieve the Ministry’s outcomes.
• Develops effective working relationships with other Ministry managers and staff in order to transfer knowledge and learning from the team to the wider organisation.
• Builds and maintains effective relationships and partnerships with internal and external stakeholders, as necessary, in order to identify and share best practice information and to promote the Ministry, its products and services.
• Represents whole-of-Ministry views and protects its reputation in any external interactions.

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 Employment Mediator position reports into the Dispute Resolution (Southern) team within the Employment Services branch. The branch sits within the Te Whakatairanga – Service Delivery group.

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