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173: Procedure
or “The Authority must follow fair rules and be reasonable when looking into work problems”
You could also call this:

“The Authority member can suggest a solution, and if everyone agrees, it becomes the final decision.”

If you have a problem at work, you and the other person involved can agree to let someone from the Employment Relations Authority make a recommendation to help solve it. Here’s how it works:

You and the other person need to agree in writing to let the Authority member make a recommendation. You also need to agree on a date when the recommendation will become final if you both accept it.

Before making the recommendation, the Authority member will explain what happens next and make sure you both still agree.

After the recommendation is made, you have until the date you agreed on to tell the Authority member in writing if you don’t accept it.

If you or the other person doesn’t accept the recommendation, the Authority will keep looking into the problem. You can ask for a different Authority member to do this if you want.

If neither of you say you don’t accept the recommendation by the agreed date, it becomes final. This means it’s treated the same as if the Authority had made a decision about your problem.

The final recommendation doesn’t need to include all the details that are usually in an Authority decision.

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Next up: 174: Authority must give oral determination or oral indication of preliminary findings wherever practicable

or “The Employment Relations Authority should tell people what they've decided or what they're thinking right after a meeting, if they can.”
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Part 10 Institutions
Employment Relations Authority

173ARecommendation to parties

  1. The parties to an employment relationship problem may agree in writing—

  2. to confer the power to make a written recommendation in relation to the matters in issue on a member of the Authority; and
    1. on the date on which the member's recommendation will become final, unless the parties do not accept the recommendation.

      1. The member must, before making and signing a recommendation under that power,—

      2. explain to the parties the effect of subsections (4) and (5); and
        1. be satisfied that, knowing the effect of those subsections, the parties affirm their agreement.

          1. Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a recommendation is made and signed by the member empowered to do so, a party has until the date agreed under subsection (1)(b) to give written notice to the member who made the recommendation that the party does not accept the recommendation.

          2. If a party gives notice under subsection (3) that the party does not accept the recommendation,—

          3. the Authority must continue to investigate and determine the matter; and
            1. either party to the problem may request that the matter be further investigated and determined by a member other than the member who made the recommendation.

              1. If a party does not give notice under subsection (3), the recommendation becomes final and must be treated as the Authority's determination of the matter.

              2. However, a recommendation under subsection (5) need not comply with section 174E(a) (which relates to the content of a determination made by the Authority).

              Notes
              • Section 173A: inserted, on , by section 33 of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 173A(6): amended, on , by section 68 of the Employment Relations Amendment Act 2014 (2014 No 61).