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Employment Relations Act 2000

Institutions - Mediation services

149: Settlements

You could also call this:

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

When you have a problem at work, you might use a mediation service to resolve it. If you resolve the problem, you can ask someone to sign an agreement that says what you and the other person have agreed to. This person must be employed by the chief executive to provide mediation services, or have permission from the chief executive to sign the agreement. You can ask this person to sign the agreement if you and the other person agree on the terms. Before signing, the person must explain what the agreement means and make sure you understand it.

If you agree to the terms and the person signs the agreement, the terms are final and binding on you and the other person. The terms cannot be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017. You cannot take the terms to the Authority or court, except to enforce them. If you are 16 or older, you can be part of an agreement and be bound by it, just like an adult. If you break an agreed term, you might have to pay a penalty imposed by the Authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60919.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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148A: Certain entitlements may be subject to mediation and agreed terms of settlement, or

"Solving problems with your employer through talking and agreeing"

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149A: Recommendation to parties, or

"Someone can suggest a solution to your problem, and if you agree, it becomes the final decision."

Part 10Institutions
Mediation services

149Settlements

  1. Where a problem is resolved, whether through the provision of mediation services or otherwise, any person—

  2. who is employed or engaged by the chief executive to provide the services; and
    1. who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,—
        1. may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement.

      1. Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,—

      2. explain to the parties the effect of subsection (3); and
        1. be satisfied that, knowing the effect of that subsection, the parties affirm their request.

          1. Where, following the affirmation referred to in subsection (2) of a request made under subsection (1), the agreed terms of settlement to which the request relates are signed by the person empowered to do so,—

          2. those terms are final and binding on, and enforceable by, the parties; and
            1. the terms may not be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017; and
              1. except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise.

                1. For the purposes of subsection (3), a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and capacity.

                2. A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority.

                Notes
                • Section 149(3)(ab): inserted, on , by section 51(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                • Section 149(3)(ab): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 149(3A): inserted, on , by section 23 of the Employment Relations Amendment Act 2010 (2010 No 125).
                • Section 149(4): added, on , by section 51(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).