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Employment Relations Act 2000

Institutions - Mediation services

148A: Certain entitlements may be subject to mediation and agreed terms of settlement

You could also call this:

"Solving problems with your employer through talking and agreeing"

You can try to resolve some issues with your employer through mediation. Mediation is when you and your employer talk to a neutral person to try to agree on a solution. You can also agree to settle some issues, as stated in section 149(1).

If you are owed money by your employer, you might be able to use mediation to resolve the issue. This includes money you are owed under the Minimum Wage Act 1983, the Holidays Act 2003, the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016, or the Support Workers (Pay Equity) Settlements Act 2017.

Some people who help with mediation are not allowed to sign agreements that mean you give up some of the money you are owed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3640697.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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148: Confidentiality, or

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149: Settlements, or

"Agreeing to solve a workplace problem with a signed agreement"

Part 10Institutions
Mediation services

148ACertain entitlements may be subject to mediation and agreed terms of settlement

  1. The entitlements specified in subsection (3) may be the subject of—

  2. mediation under this Part; and
    1. agreed terms of settlement under section 149(1).

      1. Despite subsection (1), a person who is employed or engaged by the chief executive to provide mediation services and who holds a general authority to sign agreed terms of settlement under section 149(1) must not sign agreed terms of settlement in which a party agrees to forgo all, or part, of the party's entitlements specified in subsection (3).

      2. This section applies to wages or holiday pay or other money payable by the employer to the employee under the Minimum Wage Act 1983, the Holidays Act 2003, the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016, or the Support Workers (Pay Equity) Settlements Act 2017.

      Notes
      • Section 148A: inserted, on , by section 22 of the Employment Relations Amendment Act 2010 (2010 No 125).
      • Section 148A heading: replaced, on , by section 20(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
      • Section 148A(1): amended, on , by section 20(2) of the Employment Relations Amendment Act 2016 (2016 No 9).
      • Section 148A(2): amended, on , by section 20(3) of the Employment Relations Amendment Act 2016 (2016 No 9).
      • Section 148A(3): inserted, on , by section 20(4) of the Employment Relations Amendment Act 2016 (2016 No 9).
      • Section 148A(3): amended, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).
      • Section 148A(3): amended, on , by section 20(2) of the Care and Support Workers (Pay Equity) Settlement Act 2017 (2017 No 24).