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US 4248 v5a

Learner’s Guide

WORK AND STUDY SKILLS

Unit Standard 4248


Version 5 | Level 1 | Credit 3

Describe requirements
and expectations
faced by employees
within the workplace

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About this
Learner’s Guide
Learning Purpose & Outcomes
The purpose of this guide is to enable you to describe requirements and expectations faced by
employees within the workplace.
When you have successfully completed this unit of learning you will be able to describe:
• behaviours and attitudes that contribute to positive workplace relationships
• behaviours and attitudes that contribute to the performance of workplace duties
• factors of an employment relationship.
A glossary containing difficult or technical terms has been provided at the end of this guide.
These words are highlighted where they first appear in the main text.

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Contents

Behaviours and attitudes that contribute to positive workplace 2


relationships
Behaviours that contribute to positive workplace relationships 3
Attitudes that contribute to positive workplace relationships 8

Behaviours and attitudes that contribute to the performance of 12


workplace duties
Behaviours that contribute to the performance of workplace duties 13
Attitudes that contribute to the performance of workplace duties 20

Factors of an employment relationship 26


Employment agreements 26
Employee obligations and rights 26
Employer rights and obligations 28
Concepts of good faith, fairness, and respect 29
Employment legislation 31
Places to get help with employment relationship issues 33

Glossary 34

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LESSON 1:

Behaviours and attitudes


that contribute to positive
workplace relationships

Learning Objectives
When you have finished this lesson, you will be able to describe A space has been left
the following behaviours that contribute to positive workplace on the right of every
relationships. page for you to make
notes about what you
Attending work as expected are learning.
Having a good personal presentation
Paying attention to workplace requirements
Communicating in an appropriate way
You will also be able to describe the following attitudes in terms of
how they contribute to positive workplace relationships.
Positive interaction with co-workers and supervisors
A willingness to learn
Working as a team member

As you work through this guide, you will learn how


Jason contributes to a positive workplace and
performs his workplace duties. Jason works as
a barista in an inner city café. In this lesson you
will find out how Jason’s behaviours and attitudes
affect relationships in the café.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

Behaviours that contribute to


positive workplace relationships

There are certain ways of behaving at work that make for positive
relationships with your employer and co-workers. These include:

Paying
Attending attention to
work as what you are
expected required
to do
Communicating
Looking your
appropriately
best
with others

I need to be at work on time at 8am. People come into the café to


order coffee on their way to work, or to have a relaxed breakfast while
they read the newspaper. I need to look tidy and clean, so as not to
offend customers. I also need to be friendly and polite - I may be the first
person the customer talks to in their day!

Attending work as expected


Most employers expect their staff/employees to start work at a
particular time. It is helpful to them and your co-workers if you arrive on
time, or even early. Then you are ready to start work at the agreed time.
Employers have deadlines to meet and customers to keep happy so
they need to arrange work schedules based on employees working at
particular times. If you don’t arrive on time, someone else may have
to do the work that you should be doing.
Being at work when you are expected to is one of the key responsibilities
of any employee. If you do not attend work when you are expected to,
your employer may give you a warning. In some cases, your employer
may even deduct some money from your pay.
Tips for making sure you are at work on time
• Before you start a job, work out how you are going to get there
– public transport, car or bike/walk – and how long you need to
allow to get there on time.
• Leave for work early enough to allow for transport that is running
late or for any hold up in traffic.
• If you are going to run late, it’s best to call someone at work to
let them know and apologise. You could suggest that you will
make up the time later.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

I cycle to work most days and it takes me 20


minutes. When there’s more traffic on the roads –
like when lots of mothers take their kids to school on
wet days – I might have to allow about half an hour.

Colleagues also appreciate it if you arrive on time at work for your


agreed hours. They can see that you are doing your fair share of the
work. Also, they are more likely to be willing to help out if you do
need to be away for a good reason.

Employer
Getting the
knows you are
work done
reliable
Being at
work on
time

Co-workers
appreciate you
being there

Absences
If you know that you are going to be absent (away from work) for
a day or part of a day, you need to let your employer know. Some
things that you may know about in advance are if you have:
• a funeral to attend
• been asked to do jury service
• a medical appointment.
If you are sick or have some other reason why you can’t get to work
in an emergency, you need to let your employer know as soon as
possible. Make sure:
• you contact your employer before you are due to start work or, if
this is not possible, as soon as possible
• you provide a doctor’s certificate for the illness once you have
returned to work (if your workplace has that requirement)
• your employer knows what is happening (eg how long you will
be off work and when you will be back).

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

Meetings and training sessions


Quite often you will be expected to go to meetings or training sessions.
These help you perform your job better, and give you a chance to talk
to your colleagues and discuss important issues. Make sure that you
attend these meetings on time. If they are not at your usual place
of work, find out in advance how to get to the location that they are
being held.

I had to go to a training session on first aid because


I’m the fire warden at work. It was in a different
building to where I normally work. I got lost on the
way. Fortunately, I was still on time, but I missed out
on the tea and biscuits before the session!

Looking and feeling good


Most jobs have an expected dress code (suitable clothes) that you
need to think about each day before work.
• If you have a uniform, keep it clean and ironed.
• If you wear your own clothes, make sure you look neat and tidy.
• Wear clothes that are suitable for your type of work and that
are practical. For example, don’t have loose sleeves or hair, if
you are operating machinery.
• Cover up any tattoos that others might find offensive.
• Don’t wear clothing with words or images that could offend
some people.

What do Get into pairs and discuss the dress code where you
You Think? work or study.

What rules apply about what you should wear or present yourself?

Continued on next page...

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

What practical aspects apply to how you should dress? For example, do you handle
food or operate machinery?

What social aspects apply to how you should dress? For example, are you meeting
with clients or customers on a regular basis?

When you are at work, and around co-workers and customers, make
sure that you are clean and tidy. Good personal hygiene (care of your
body) is important in all jobs. Remember to do the following.
• Take regular showers (or baths).
• Use deodorant, if necessary.
• Brush your teeth.
• Use breath mints, if necessary.
• Wash and style your hair in a suitable way.
• Wash your clothes regularly.

Paying attention to workplace requirements


At work, you are expected to do things within certain time frames.
Make sure that you know what you are expected to do and when you
are expected to do it by. Do all you can to meet these requirements.

Example
If you are set a job on Monday and told that it needs to be completed
by Thursday, make sure you finish it on or before Thursday.
If you think it will take you longer than the four days, talk to your
supervisor about this as soon as possible. Your supervisor may:
• find extra people to help you complete the task
• be able to extend the deadline.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

Finish jobs properly. If you leave jobs half done, someone else will
have to finish the job for you, or a customer may be disappointed.

I’ve got to work quickly and be accurate when


making drinks for customers – I can’t get it
wrong or they may complain to the manager.

Communicating appropriately
When you communicate at work, be polite at all times. Don’t send
rude emails, or make jokes about co-workers behind their backs.
It is important that socialising is done at appropriate times and in
appropriate places. Your colleagues won’t be able to focus on their
work if you are talking and laughing at their desks or workstations.
Also, if you spend too much time socialising at work, you will not get
any work done. So keep socialising to break times, and away from
other peoples’ work areas.
If you communicate with clients, always be friendly and polite. Speak
as clearly as possible and check that they have understood you, and
that you have understood them correctly. Also remember to ask if
they need any further information or if you can help them further.

When people come into the café, I ask them if


they are having a good day. Sometimes I make a
comment about the weather, or chat about a major
sports event that they might be interested in.
When I take their order, I always check that I have
got it right before I start making their coffees.

NOTE: In Lesson 2 we will be looking at communication in the


workplace in greater detail.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

Attitudes that contribute to


positive workplace relationships

Your attitude towards others at work can affect your relationships with
your employer and co-workers. Being positive in the way you behave
towards others at work is a good start. A willingness to learn and work
as part of a team also contributes to good workplace relationships.
Being positive toward co-workers and supervisors
People who are positive and easy to get on with make workplaces run
smoothly and improve the morale of other workers. These people are
often popular with their colleagues.
Employers do not want workers who are difficult to get along with,
moody, or disrespectful to their co-workers, customers or to the
employer. These attitudes create bad feelings and conflict.
The diagram below highlights some ways to have positive interactions
with co-workers and supervisors.

Smile and
look as if you
are happy to see
them.

Learn co-
Pass on useful
workers names,
tips (ideas) to co- Be friendly. ask how they are,
workers.
etc.

Thank your
Show you are
supervisor for
interested in them.
advice.
Positive
interactions with
co-workers and
supervisors

Share in Do your job


other people’s willingly, not
successes. reluctantly.
In New
Give praise Zealand, it Offer to do
when someone is good to look something extra
does something a person in the when you have
well. eye when you time.
are talking to
them.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

• How do you interact with co-workers/classmates?


What do • How do people treat you at work/college?
You Think? • Is it a positive workplace/class? Why?

Being honest
Employers need to be able to trust the people they employ. Many
employees have access to valuable products and/or resources. Some
employees may also have access to sensitive commercial information
that competitors would like to get hold of!
You need to show your employer that you can be trusted to look after
valuable equipment and keep information confidential. It is difficult
to get hired for a job if someone knows that you were dishonest in a
previous position.

Demonstrating willingness to learn


Employers appreciate an employee who is keen to learn. You need to
have an attitude that makes it easy for others to teach you how to do
your job properly.
Make sure you understand what you are meant to be doing and how
to do it. Most employers would rather take the time to explain things
than have to deal with costly mistakes.
Don’t be afraid to ask questions. Asking good questions is a sign of
intelligence, and demonstrates a willingness to learn.

I need to be willing to do work other than just


being a barista, such as waiting on tables and
preparing food. To do this I ask our chef to show
me how to use equipment in the kitchen so I can
help out if the need arises.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

Working as a team member


Working as a team member means:
• being aware of what other workers are doing
• helping out when needed
• trying to cooperate with the overall tasks of your workplace.

When we get into the busy time of the morning,


around 10am, a real team effort is needed with
everyone watching out to see if others need help.
If I see a customer looking for a spare table, and
there aren’t any coffees to make at that moment, I
will clear a table for them.
If there’s a long queue for coffees and Sam’s not
busy, she will often help me by frothing some milk.
If Cosmo has his hands full in the kitchen, I try to
help out with the panini toaster, so that no paninis
get burnt.

Listening
A cooperative environment is the goal of working as a team member.
A good way of working better as a team member is to listen to co-
workers. It is not just enough to hear what the other person says. You
have to listen carefully.
• Concentrate on what the other person is saying to you.
• If you don’t understand, ask them to explain it again.
• Thank them for the help that they have given to you.
It is especially important to listen to instructions and carry them out
as required.

Showing initiative
Showing initiative means having an understanding of what your
employer needs from you and doing it even before you’re asked to.
When you can see for yourself a task that needs doing, it shows you
have thought ahead.
Helping a fellow team member, without them even needing to ask you,
will make you a better work colleague and a more useful employee.

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LESSON 1: Behaviours and attitudes that contribute to positive workplace relationships

I work part-time at my local supermarket. When


I am working on the checkout, I might suggest we
open another checkout counter if I can see lots of
customers waiting. Sometimes I notice this before
our supervisor does if he’s busy dealing with a
customer.

Try it for Read the scenario below and then answer the questions
Yourself that follow.

Scenario: Sharon works as a machinist for a clothing designer. She is making some
pyjamas and finds that the fabric that she’s cutting the pattern from is almost finished.

1. What initiative could she take at this time?

2. Why would this be useful to her employer?

In this lesson you have looked at behaviours and attitudes that


contribute to positive relationships within the workplace.
In the next lesson you will look at interpersonal behaviours and
attitudes that contribute to how well you perform your duties within
the workplace.

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LESSON 2:

Behaviours and attitudes that


contribute to the performance
of workplace duties

Learning Objectives
When you have finished this lesson, you will be able to describe
the following behaviours that contribute to the performance of
workplace duties.
Asking questions to get information and to check what you are
supposed to do
Identifying and using the right methods and procedures for
communication
Following health and safety requirements
You will also be able to describe the following attitudes in terms of
how they contribute to the performance of workplace duties.
Courtesy
Helpfulness
Adaptability
Ability to take direction and accept constructive criticism.

In this lesson you will learn about some helpful behaviours and
attitudes between people that will make a positive contribution to the
performance of duties in the workplace.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

Behaviours that contribute to the


performance of workplace duties

Asking questions to get


information and check what
you are meant to do
When you don’t know what to do at
work, try to ask questions that will help
you get the information you need.

Examples of good questions might be:

Who do I ask about changing the roster for Saturday?

What is this machine used for?

When should I turn on the dishwasher?

Where are the garden tools kept?

are there alerts coming up on my computer about


Why
a meeting? Do I need to go to it?

How should I make a request to senior management?

I had to ask my supervisor, “How long should I


steam soy milk and barista milk?” I’d only used full
milk or trim milk at my previous workplace.
After he showed me, I practised and soon got better
at judging how long to froth each type of milk.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

Try it for Read the scenario below and then answer the questions
Yourself that follow.

Scenario: Joe works in a plant nursery. His supervisor has asked him to plant some
bulbs in planters ready for spring. He hasn’t planted bulbs before and doesn’t know
how deep to plant them, or how far apart they should be. He also isn’t sure whether to
keep to one type of bulb per pot or whether to mix them up.

1. Joe’s supervisor is currently serving a customer. Should Joe wait to speak to him,
or carry on with the task immediately?

2. What questions should Joe ask his supervisor?

How does asking questions help with the performance of


work duties?
Asking questions to get information and clarify your tasks has the
followings benefits.
• It can be safer, because it can stop you from doing something
dangerous to yourself, your work mates or customers.
• It can be quicker, because it can save you from doing
something in an inefficient way.
• It can help you get more done because it can stop you from
doing something completely different from what your employer
intended.
• It can help you get on with your work because the instructions
do not need to be given to you again.
• It can make people confident in you because they will know
that you understand what to do.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

I work in my dad’s IT company, on reception. One day, a man rang and


asked for an estimated price to create a website for his company. Dad was busy
working on another client’s job so I estimated the price at $500. This is what
Dad charged the local service station for their website.
Dad was cross when he found out what I’d done because he knows that to do
a website design for this particular customer, it will cost closer to $1,000. He
had to call the man and tell him that the estimate I’d given him was far too low.
Since then, I always ask Dad when I’m unsure about something, rather than
guessing!

Identifying and using the right methods and


procedures for communication
Knowing how to communicate at work is important. For each situation,
you need to think about:

what to say
who to ask
or write

what channel
(way of
communicating)
to choose

Sometimes it is appropriate to ask your co-workers how to do


something, especially if it is a reminder of something you have already
been told. Other times it is more appropriate to talk to a supervisor.
An example could be where there is specialised technical information
or skills you need to understand.
When asking someone for help you can:
• say “excuse me” and then ask a question
• ask your supervisor something like: “Do you have ten
minutes this afternoon to answer a question for me?”
• ask to make an appointment.
With serious matters such as difficult employment issues (eg sexual
harassment), it may be more appropriate to make your complaint in writing.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

Try it for Think about a time when you’ve needed to ask for help
Yourself at work or your place of learning.

Who did you ask and how did you arrange to speak to them?

Every workplace has steps you can take if you want to make a
complaint. These steps are called a complaints procedure. The
complaints procedure is sometimes written into your work agreement.
If you experience something like bullying or other unfair behaviour,
you should use the complaints procedure in your workplace.

Try it for Find out how to get hold of a copy of your organisation’s
Yourself complaints procedure.

Where did you find the complaints procedure?

Write the main steps of the procedure below.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

How does using appropriate methods and procedures for


communication help with the performance of work duties?
Identifying and using the right methods and procedures for
communication can help by:
• preventing supervisors from being overloaded with
unnecessary questions
• bringing matters to the attention of supervisors so that they
can improve the way they train staff
• preventing serious matters such as sexual harassment from
happening unnoticed.

In this activity you will need to think about what the writer
Try it for of an email is saying. The writer’s name is Julia, and she
Yourself is writing to her manager Leanne. Julia is replying to an
email her manager sent her the previous day.

Read the email below and answer the questions which follow.

Dear Leanne
Thank you for the feedback you gave me yesterday. I have been thinking
about what you said about my time management skills. I agree that it was
inappropriate for me to hand in the report three days late. In future I will make
sure that I file all my reports on time.
Yesterday you suggested that I attend a time management course to improve my
time management skills. I don’t think that will be necessary at this stage. First I
would like to focus on trying to improve my time management skills myself.
Many thanks
Julia

What is Julia’s purpose for writing this email?

Continued on next page...

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

What are the two main points in the letter? These points show Julia’s reaction to the
feedback she received.

What are some phrases that Julia uses to express her own opinion?

Why do you think Julia has decided to send an email to her manager - rather than
talking to her face-to-face or phoning her?

Following health and safety requirements


Your employer has to protect your health and safety and that of
customers. As an employee, you are required to follow the health and
safety procedures that apply at your workplace.
Make sure you follow health and safety rules. If you don’t you may:
• be risking the safety of yourself and your co-workers
• lose your job because this may be a serious offence.
If there is an accident and you don’t follow health and safety
procedures, an employer may be fined a large amount of money.

If milk gets spilled on the floor someone has to get


a mop and clean it up as soon as possible. A co-
worker may have to sort that out while I continue
with someone’s order. We all have to do some
cleaning or we’d soon be breaking health and
safety rules.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

What do Brainstorm (everyone in a group makes suggestions)


health and safety requirements in work and study places
You Think? that you know about.

Health and
Safety issues in
workplaces

NOTE: To read about recent developments in the Health and


Safety at Work Act see:
http://www.business.govt.nz/worksafe/about/reform

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

Attitudes that contribute to the


performance of workplace duties

Courtesy
It is important to treat your colleagues, supervisors and clients with
courtesy.

acting politely or showing regard or


courtesy respect for someone else

To genuinely treat somebody with courtesy, you need to believe that


other people are valuable. When people are thought of as valuable
(not just useful) you are in a better position to treat them with respect
and courtesy.
Showing basic courtesy can involve some of the following.

Smile
If
and greet
appropriate,
someone when
ask if you can
you first see
help them.
them. Use
Look them in the eye language that
as they approach you is polite and
(or as you approach friendly.
them).

Hopefully you have experienced the positive feeling you get when
you walk into a workplace or new situation and someone immediately
gives you a smile and asks how they can help you. You feel welcomed
and important.
This is the experience you should want to give co-workers or
customers that you come into contact with in your workplace.

How does a courteous attitude help with the performance


of work duties?
• If co-workers feel special and important it creates a positive work
environment.
• If courtesy is not demonstrated between co-workers, they
become uncomfortable with each other and may be more likely to
misunderstand or mistrust each other.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

• Treating customers with respect and courtesy will make them


feel welcome. It will also help them feel like staying and doing
business with you.

The people who come into the café at morning


tea time are often looking for a break from the
work day – they want to chat to a friend, or read
a magazine. I try to be courteous by asking them
where they’d like to sit, rather than expecting them
to stand around at the counter for their drink. We
aren’t expected to take drinks over to people when
we’re busy, but I try to as often as I can.

Helpfulness
Helpfulness is one of the key attitudes an employer looks for.

desire to make the job of other people


helpfulness easier or to give help to others

An attitude of helpfulness may involve the following.


• Listening carefully to other people with the aim of understanding
exactly what they want or need.
• Giving other people the information they need when they need it.
• Helping people when they look like they are struggling. For
example, carrying bags for a customer, or taking a message
for a colleague who is busy.
• Making useful suggestions to help solve a problem.

When I work at the gym pool as a lifesaver, I’m


always helpful to the new lifesavers. It’s important
that they feel they can ask me for advice. Once they
have complete training, they are responsible for the
swimmers’ safety, so they need to know what to do
and where all the lifesaving gear is kept.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

What do
You Think?

How have you been helpful in your workplace or home?

Do you pass on knowledge of what you can do to co-workers or younger siblings or


flatmates?

How does a helpful attitude contribute to the performance


of work duties?
Helpfulness in the workplace can improve the performance of your
duties in the following ways.
• It increases the number of people available to solve a problem
and can make problem solving quicker and more efficient.
• It saves people time because when one person already knows
something useful, that knowledge can immediately be passed
on to other people.
• It can reduce feeling of frustration and other negative emotions
in the workplace.

Adaptability
An attitude of adaptability can help make your work life easier and
also help you do your job better.

willingness to change or try/do


adaptability something different

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

Job descriptions make it clear what the normal work duties will be.
However, there are often other tasks, not specifically mentioned in
your job description, that might need to be completed as well.
Some of the ways in which you can show that you are adaptable are
as follows.

Don’t
become
stressed if Be willing to try
you are asked to things that might be
do something new to you.
unexpected or Be open to
new. learning new
things or new
approaches to a
job.

An example of this is when a computer system is upgraded in a


workplace and the staff need to learn how to use it. Some people will
complain about the new system. Others, who are more adaptable,
will be eager to get on with learning the new system.

How does an attitude of adaptability help with the


performance of work duties?
• When someone has a willingness to be adaptable, they can do
several different kinds of work in a workplace. This can save
the employer from having to employ and train new people.
• The process of making changes in a workplace can be much
easier if employees are adaptable.
• Employees who are more adaptable will find the change(s)
easier for themselves too.

Ability to take direction and accept constructive


criticism
The ability to take direction involves listening to instructions and
doing the work according to those instructions, not any other way.
You might think you have a better way to do things, but you may not
always have the full picture. You should complete tasks as instructed
and if you feel some processes could be improved, discuss this with
your supervisor.
Constructive criticism given in the workplace involves someone
helpfully telling or showing somebody else how to do a job better.

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

It is a normal part of the workplace environment, especially when


supervisors deal with staff who report to them.
Constructive criticism is not an insult by one person to another. It is
the process of enhancing the skills and abilities of someone else by
guiding them in a positive way. Constructive criticism explains where
the person has gone wrong and tells them how to fix the problem.

Try it for Read the scenario below and then answer the questions
Yourself that follow.

Scenario: Tom works as a forklift operator at a wharf. His supervisor is keen to train up
his workers to be very efficient. One evening on the late shift Tom didn’t have anything
to do and felt hungry. So he left the wharf early and went to get something to eat.
Later that night a container arrived which was supposed to go on a ship leaving for
China. However, because Tom wasn’t there to get the container on to the ship, it had to
be loaded the next morning by another forklift operator.
Tom’s supervisor knew that the container had arrived before the end of Tom’s shift.
Later that day he explained to Tom that unexpected late arrivals were what he was
being paid to deal with. Heading off early, even when things looked quiet, was not
acceptable.

What should Tom do in future, when he is bored on the late shift?

How should Tom react to the criticism his supervisor has given him?

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LESSON 2: Behaviours and attitudes that contribute to the performance of workplace duties

How does the ability to take direction and accept constructive


criticism help with the performance of work duties?
When somebody is mature enough to take direction and accept
constructive criticism, it means that person:
• is easier to teach and work with
• will pick up new skills quicker than if they did not have this
ability
• will make fewer mistakes in their job.
In this lesson you have looked at interpersonal behaviours and
attitudes that contribute to better performance of work duties. These
attitudes and behaviours usually grow with a person’s experience in
the workplace as they interact with others.
In the next lesson, you will look at the factors of an employment
relationship.

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LESSON 3:

Factors of an employment
relationship

Learning Objectives
When you have finished this lesson, you will be able to describe the
following factors of an employment relationship.
Employee rights and obligations
Employer rights and obligations
Concepts of good faith, fairness, and respect
Employment legislation
There are several important factors within an employment
relationship that employees and employers need to be aware of.

NOTE: The employer


Employment agreements could be an individual
(eg the owner of
the business) or the
company as a whole.
An employment agreement is between an employer and an employee. So, for example, your
The employment agreement must be in writing. It explains what rights employer could be
and obligations the employer and employee agree to. The law requires Sam Smith (individual)
you to do what you agreed to do in the agreement. or Xtreme Boards Ltd
(company).

Employee obligations and rights

All employees have an obligation to do what they agreed to in their


employment agreement. For example, they may have an obligation to
work certain hours, or to complete certain training.
At the same time, employees have a number of rights in the workplace.
One important right is the right for employees to be represented.
This means someone can represent or support you when you discuss
employment conditions and any disputes with your employer. If you
are a union member, a representative from the union may join you in
discussions with your employer.

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LESSON 3: Factors of an employment relationship

When you start work, will you join a union? Have


What do you already joined a union at work or at a place of
You Think? learning? Why or why not?

Employees have other rights such as:

minimum (or statutory and


higher) wages public holidays

annual leave

paid leave
(sickness, paid parental
bereavement, leave
etc)

equal pay for


equal work

leave for a safe


defence force and healthy
volunteers workplace

freedom from
discrimination and/
or harassment based
on race, religion, gender,
sexual orientation, marital
status, ethical beliefs
or ethnic origins

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LESSON 3: Factors of an employment relationship

Try it for Read the scenario below and then answer the questions
Yourself that follow.

Scenario: Josie works as a sales assistant in an electronics shop. When she took the
job she expected to get every weekend off work. Now her employer is saying that they
want her to work some weekend shifts. Josie thinks she is within her rights to refuse to
work on the weekends, but her employer doesn’t agree.

1. What should Josie do to sort out the issue?

2. Who can she ask for help?

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LESSON 3: Factors of an employment relationship

Employer rights and obligations

Employers have the right to expect employees to meet the


requirements of their employment agreement. They also have the
right to expect employees to fulfil the duties of their role to the best
of their ability.
Employers also have a number of obligations including the following.

provide
pay at least enough
the minimum breaks for staff,
pay rates to their including for those
employees feeding babies
make sure
at work
pay staff for they protect
holidays and the health and
leave safety of their
employees

Further information from the New Zealand at Work website can be


found at: http://www.dol.govt.nz/infozone/businessessentials/basics/
Also, the section on young workers may be useful to refer to:
http://www.dol.govt.nz/infozone/myfirstjob/employees/

Concepts of good faith, fairness,


and respect
Employers and employees must work together in the employment
relationship on the basis of good faith, fairness and mutual respect.

dealing with other people with trust


good faith and openness

doing what is right and treating


fairness everyone as equal

each person (or side) thinks about the


mutual respect other person’s rights and feelings and
treats them in a positive way

Good faith, fairness and mutual respect help ensure the employment
relationship is not damaged.

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LESSON 3: Factors of an employment relationship

The Ministry of Business Innovation and Employment (on their


website http://employment.govt.nz/er/) describes good faith as when
employers and employees:
• act honestly, openly, and without hidden motives
• raise issues in a fair and timely way
• are constructive and cooperative
• provide each other with relevant information and consider all
information provided
• respond promptly and thoroughly to reasonable requests and concerns
• keep an open mind, listen to each other and be prepared to change
views about a particular situation, or behaviour, and
• treat each other respectfully.
Your employer is the first person you should normally talk to if you
have an employment issue. Most employers want to resolve issues
quickly and to the benefit of both the employee and the employer.
An employee should only seek other help to solve an issue if they feel
that it has not been dealt with appropriately or to their satisfaction.
This is part of the good faith process in an employment relationship.

Try it for Read the scenario below and then answer the question
Yourself that follows.

Scenario: George works for a panelbeaters and sometimes gets to drive the work van.
One day George drove a customer back to her workplace as her car was being repaired.
After dropping off the customer, George grabbed some takeaways. Before returning
to work he sat in the van and ate his takeaways. Unfortunately, he forgot the takeaway
wrappers in the van. Later, his supervisor came over and asked if the rubbish was his
and why it was in the van.

What should George say to his supervisor, while still acting in good faith?

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LESSON 3: Factors of an employment relationship

Employment legislation

Employment Relations Act


The main law that governs employment relations is the Employment
Relations Act 2000. If you feel you have been treated wrongly for any
of the following reasons, you have a right to make what is called a
personal grievance to the Employment Relations Authority.
The personal grievance can be about:

losing your discrimination


job unfairly (because of race,
(unjustified faith, gender,
dismissal) unfair etc) sexual
treatment harassment
(unjustified (such as rude
action/ comments or
disadvantage) unwanted sexual
being attention)
made to join
racial
an employee
harassment
organisation (eg
union)

The Employment Relations Authority can require employers to do


things such as:

put
someone keep their
who has been end of an
dismissed back employment
in the job (if agreement compensate
practical) with money
for hurt and
pay wages that
humiliation caused
have been lost
by something the
employer has
done wrong

To follow are some other employment laws of which you should be


aware.

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LESSON 3: Factors of an employment relationship

Holidays Act
The Holidays Act 2003 sets out what paid leave employees
must be given. This includes:
• four weeks’ paid annual holidays (or ‘annual leave’) each year
• public holidays – national, religious, or cultural days, such as
Christmas Day and Waitangi Day
• sick leave and bereavement leave
• parental leave (to look after babies and children).
For more detail on different leave entitlements, see:
http://employment.govt.nz/er/holidaysandleave/

Human Rights Act


The Human Rights Act 1993 prevents discrimination. For
example you cannot be discriminated against in the workplace
on the basis of your gender, race or faith.
For more information about your rights under the Human Rights
Act, go to:
https://www.hrc.co.nz/your-rights/human-rights/.

Health and Safety in Employment Act


The Health and Safety in Employment Act 1992 sets out the
employee obligation to act in a way at work that helps to keep:
• themselves safe
• others safe (eg other staff, visitors to the business, etc).
The Health and Safety Act in Employment Act also sets out
employer responsibilities for providing a safe workplace.
For more information about the requirements of the Health and
Safety in Employment Act, go to:
http://www.business.govt.nz/worksafe/information-guidance/
legal-framework/hse-act-1992/regulations.

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LESSON 3: Factors of an employment relationship

Places to get help with


employment relationship issues

Employment Relations Service


The Employment Relations Service is a branch of the Department of Labour. The Service
gives free advice and help about employment issues to both employers and employees. You
can find out more on their website:
http://employment.govt.nz/er/.

Employment Relations Authority


The Employment Relations Authority helps employers and employees to sort out disputes
when they cannot sort them out themselves.
http://era.govt.nz/

Union
If you are a member of a union that represents a group of people in your workplace, you can
approach them for free advice and help with employment relationship issues.

Lawyers
There are many lawyers that specialise in employment relationship issues. While their
assistance is not free, they are experts in their field and you may need their specific help for
a serious situation you face in the workplace.

Employment Relations Consultants


These are consultants who are experts (but not lawyers) in employment relationship matters.
You can find out more at www.wehelp.co.nz/.

This lesson has described some of the factors in an employment


relationship that all employees should understand. In summary
these are the following.
1. Employment is a relationship which includes rights and
obligations for both employers and employees.
2. Employees have the right to be represented, including union
representation.
3. There is employment law that gives legal solutions to
employment relationship problems.
4. The employment relationship involves good faith, fairness, and
respect.
5. There are places to get information and help about employment
relationship issues.

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Glossary

ability to take can follow somebody else’s suggestions for what to do and act on
direction these suggestions
adaptability willingness to change or try/do something different
attend be at a place at a given time
bereavement occurs when someone close to you, such as a relation, dies
channel method of communication
clarify make clear
colleagues people who work together professionally
complaints procedure a formal set of steps to make a complaint
confidential need to keep something secret
constructive criticism pointing out errors and how to fix them
cooperate/ive trying to help all involved
constructive trying to find solutions and improve something
courtesy politeness, respect to others
co-workers people who work for the same organisation
discrimination unfair treatment due to something personal
disputes arguments or disagreements
disrespectful offhand, rude, having no respect
dress code suitable clothing (can include hair, make-up and jewellery)
efficient able to do something using as few resources as possible
employees person who works and earns money for that work
employment agreement written document that both an employer and employee agree to follow
employer person or organisation that gives someone a job
entitlements what someone must be given
good faith being trusting and open in dealing with people such as an employer
fairness doing what is right and treating everyone as equal
harassment being badly treated, such as bullying
helpfulness wanting to make the job of others easier or giving help to others
hygiene care of your body, including tidiness, cleanliness and health
inefficient taking more time (or money) than normally needed to do something
initiative thinking of something useful and doing it (without someone needing
to tell/ask you to do so)
interact communicate or be directly involved with someone
location place
morale sense of feeling good and being part of a team
mutual respect each person thinks about the other person’s rights and feelings and
treats them in a positive way
obligations things someone must do for others

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personal grievance something bad that happens and someone complains about it
procedures rules or ways of doing things
reliable doing what is expected
reluctantly not really wanting to do something
rights things that someone is entitled to
union an organisation of workers formed to protect the rights and interests
of its members

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