Dispute Resolution

1. Introduction

This Dispute Resolution Policy outlines the process for resolving disputes that may arise between users of the TalentGrid platform operated by Talent Grid Limited (NZBN: 9429051450724). We are committed to resolving disputes fairly, efficiently, and in good faith.

This policy applies to disputes between:

• Contractors and Facilities
• Users and TalentGrid
• Any parties in relation to the use of the platform

2. Types of Disputes

Common disputes may include but are not limited to:

• Payment disputes (incorrect amounts, delayed payments, invoice discrepancies)
• Shift disputes (hours worked, cancellations, no-shows, Shift conditions)
• Service quality concerns (performance issues, professional conduct)
• Account issues (suspension, termination, access restrictions)
• Platform fees and charges
• Privacy or data concerns
• Breach of platform terms or agreements

3. Step 1: Direct Communication

Before escalating a dispute, parties are encouraged to communicate directly and attempt to resolve the issue amicably:

• Use the platform messaging system to discuss the issue
• Clearly state the nature of the dispute and desired outcome
• Provide evidence such as timesheets, photographs, or communications
• Respond promptly and professionally to all communications
• Maintain records of all correspondence

Timeframe: Parties should attempt direct resolution within 5 business days of the dispute arising.

4. Step 2: TalentGrid Mediation

If direct communication does not resolve the dispute, either party may request TalentGrid to mediate:

4.1 How to Request Mediation

• Submit a dispute resolution request through your platform account or via email to Click to reveal email
• Include a clear description of the dispute
• Provide all relevant evidence (messages, timesheets, photos, invoices, etc.)
• State your desired outcome or resolution
• Include details of any prior communication with the other party

4.2 TalentGrid's Review Process

• TalentGrid will acknowledge receipt of the dispute within 2 business days
• Both parties will be contacted and asked to provide their account of events
• TalentGrid will review all evidence and communications
• Additional information may be requested from either party
• TalentGrid may consult with relevant experts or advisors if necessary

4.3 TalentGrid's Decision

• TalentGrid will provide a written decision within 10 business days of receiving all necessary information
• The decision will include reasoning and any actions required by either party
• Possible outcomes may include:
  • Payment adjustments or refunds
  • Account warnings or restrictions
  • Mediated agreement between parties
  • Dismissal of the complaint if unfounded
  • Recommendations for future conduct

Timeframe: TalentGrid aims to resolve disputes through mediation within 15 business days from initial contact.

5. Step 3: Formal Escalation

If either party is not satisfied with TalentGrid's mediation decision, the dispute may be escalated:

5.1 Independent Mediation or Arbitration

Parties may agree to engage an independent mediator or arbitrator:

• Both parties must agree to the appointment of an independent mediator/arbitrator
• Costs of independent mediation/arbitration are typically shared equally unless otherwise agreed
• The mediator/arbitrator's decision may be binding depending on the agreement
• Recommended services include:
  • Resolution Institute New Zealand (www.resolution.institute)
  • Dispute Resolution Services (Ministry of Business, Innovation and Employment)

5.2 Disputes Tribunal (Small Claims)

For payment disputes under $30,000 (or up to $50,000 if both parties agree), you may apply to the Disputes Tribunal:

• Website: www.disputestribunal.govt.nz
• The Tribunal provides a low-cost, informal process
• Decisions are legally binding
• Lawyers are generally not required

5.3 Employment Relations Authority (ERA)

If a dispute involves employment classification or employment rights:

• Website: www.era.govt.nz
• Note: TalentGrid facilitates independent contractor relationships, not employment relationships
• If worker status is disputed, the ERA can make a determination

5.4 Legal Action

As a last resort, parties may pursue legal action through the New Zealand court system. We strongly encourage resolution through mediation or alternative dispute resolution before pursuing litigation.

6. Special Dispute Categories

6.1 Payment Disputes

• Must be raised within 14 days of the payment or invoice date
• Provide bank statements, timesheets, and any relevant documentation
• Undisputed amounts should be paid while the dispute is being resolved
• See also: Payment Terms

6.2 Shift Cancellation Disputes

• Must be raised within 7 days of the cancellation
• Include evidence of notification timing and any supporting documentation (e.g., medical certificates)
• See also: Cancellation Policy

6.3 Privacy and Data Disputes

• Contact our Privacy Officer at Click to reveal email
• If unresolved, you may lodge a complaint with the Office of the Privacy Commissioner
• See also: Privacy Policy

6.4 Safety or Professional Conduct Concerns

• Serious safety concerns should be reported immediately to Click to reveal email
• Professional misconduct may also need to be reported to regulatory bodies (e.g., Nursing Council of New Zealand)
• TalentGrid may suspend accounts pending investigation of serious allegations

7. Good Faith Obligations

All parties engaging in dispute resolution must:

• Act in good faith and with honesty
• Respond promptly to requests for information
• Provide truthful and complete information
• Respect confidentiality of the process
• Refrain from harassment, threats, or intimidation
• Comply with any agreed or determined outcomes

8. Confidentiality

All dispute resolution processes are confidential. Information shared during mediation or resolution will not be disclosed except:

• As required by law or court order
• To implement or enforce the resolution
• With the consent of both parties
• To protect safety or prevent harm

9. Record Keeping

• TalentGrid maintains records of all dispute resolution processes
• Records are kept securely and in accordance with our Privacy Policy
• Parties may request copies of dispute records relating to them
• Records are retained for 7 years from the date of resolution

10. Governing Law

This Dispute Resolution Policy and all disputes arising from or relating to the TalentGrid platform are governed by the laws of New Zealand. Parties submit to the exclusive jurisdiction of the New Zealand courts.

11. Changes to This Policy

TalentGrid may update this Dispute Resolution Policy from time to time. Material changes will be communicated via email and platform notifications at least 14 days before taking effect.

12. Contact Information

To initiate a dispute resolution process or for questions about this policy:

Related Documents

• Terms of Service
• Contractor Agreement
• Facility Agreement
• Payment Terms
• Cancellation Policy
• Privacy Policy