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Employment Relations Act 2000

Collective bargaining - Facilitating bargaining

50F: Statements made by parties during facilitation

You could also call this:

“What people say during help sessions to solve work problems can't be used against them later, and they can only talk about it publicly in a limited way.”

When you’re involved in facilitation, which is a process to help with bargaining, there are some rules about what you can say. If you make a statement during facilitation, it can’t be used against you in any proceedings under this Act or the Equal Pay Act 1972. This means you can speak freely during facilitation without worrying about your words being used against you later.

You can make public statements about the facilitation, but only if you follow two important rules. First, you must make the statement in good faith, which means you’re being honest and fair. Second, you can only talk about the process of facilitation or how it’s progressing. You can’t share other details or information from the facilitation publicly.

These rules are in place to protect you and make sure the facilitation process works well. They help create a safe space for open discussions during facilitation while also allowing some information to be shared with the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58699.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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50E: Process of facilitation, or

“The Authority privately helps people talk about work agreements, but can't investigate or be questioned about how they do it.”

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50G: Proposals made or positions reached during facilitation, or

“Ideas shared during talks don't have to be followed after the talks end, unless everyone agrees to keep them.”

Part 5 Collective bargaining
Facilitating bargaining

50FStatements made by parties during facilitation

  1. A statement made by a party for the purposes of facilitation is not admissible against the party in proceedings under this Act or under the Equal Pay Act 1972.

  2. A party may make a public statement about facilitation only if—

  3. it is made in good faith; and
    1. it is limited to the process of facilitation or the progress being made.

      Notes
      • Section 50F: inserted, on , by section 14 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
      • Section 50F(1): replaced, on , by section 33 of the Equal Pay Amendment Act 2020 (2020 No 45).