Employment Relations Act 2000

Institutions

143: Object of this Part

You could also call this:

“This part sets up ways to help people solve problems at work and make sure jobs go well.”

This part of the law aims to set up ways to help work relationships go well. It wants to make sure that when you and your boss or workmates have problems, you can fix them quickly and easily.

The law says it’s better if you and the people you work with can solve your own problems. But if you need help, there should be experts ready to give you information and support right away.

The law also says that the ways to solve problems should be flexible. The person helping you solve the problem (called a mediator) can take charge of the process to make it work better.

Sometimes, you might need a judge to help solve a problem. When this happens, the law wants to make sure that the judge is an expert in work problems and can make decisions without too many complicated rules.

The law also says that sometimes, harder legal questions might need to be answered by higher courts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60905.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination

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“People who help others break the law can defend themselves if they trusted wrong information or tried hard to follow the rules.”


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144: Mediation services, or

“Help for solving work problems between bosses and workers”

Part 10 Institutions

143Object of this Part

  1. The object of this Part is to establish procedures and institutions that—

  2. support successful employment relationships and the good faith obligations that underpin them; and
    1. recognise that employment relationships are more likely to be successful if problems in those relationships are resolved promptly by the parties themselves; and
      1. recognise that, if problems in employment relationships are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available at short notice to the parties to those relationships; and
        1. recognise that the procedures for problem-solving need to be flexible; and
          1. recognise that the person who provides mediation services can manage any mediation process actively; and
            1. recognise that there will always be some cases that require judicial intervention; and
              1. recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and
                1. ensure that investigations by the specialist decision-making body are, generally, concluded before any higher court exercises its jurisdiction in relation to the investigations; and
                  1. recognise that difficult issues of law will need to be determined by higher courts.
                    Notes
                    • Section 143(da): inserted, on , by section 47(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                    • Section 143(fa): inserted, on , by section 47(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).