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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:

“You can talk about some of your pay rights with a helper, but they can't make you give up your pay”

You can use mediation services for certain types of pay and holiday entitlements. These include wages, holiday pay, or other money that your employer must pay you under specific laws. The laws are the Minimum Wage Act 1983, the Holidays Act 2003, the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016, and the Support Workers (Pay Equity) Settlements Act 2017.

If you and your employer agree on a settlement during mediation, it can be written down as an official agreement. However, the person who runs the mediation and has the power to sign these agreements is not allowed to sign one where you give up all or part of the pay or holiday entitlements mentioned above.

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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 rights
Money and consumer rights > Consumer protection
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148: Confidentiality, or

“This rule says that people must keep secrets about what happens during mediation, except in special cases.”

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149: Settlements, or

“When people solve a problem together, they can make an agreement that becomes final and must be followed.”

Part 10 Institutions
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).