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Employment Relations Act 2000

Institutions - Mediation services

153: Independence of mediation personnel

You could also call this:

“People who help solve workplace problems must be fair and not take sides”

The person in charge must make sure that anyone who helps solve problems between workers and bosses can make their own choices about how to handle the problem. They must not be influenced by either the worker or the boss.

The person in charge can still give general instructions about how and when to help solve problems, but they can’t tell the helper exactly what to do in each case.

These general instructions can include advice on how to handle certain types of problems or situations.

If a Labour Inspector is involved in a problem that’s being solved, it doesn’t matter that the helper and the Labour Inspector work for the same person. This doesn’t mean the helper can’t be fair.

Even if the person in charge is part of the problem being solved, this doesn’t mean the helper can’t be fair.

People who help solve problems can’t also be part of the Employment Relations Authority at the same time. They also can’t work for the Authority or the court that deals with these issues.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60928.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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152: Mediation services not to be questioned as being inappropriate, or

“You can't say the mediation service wasn't done right or wasn't the right kind of service.”

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154: Other mediation services, or

“You can use other ways to solve problems besides the government's official help.”

Part 10 Institutions
Mediation services

153Independence of mediation personnel

  1. The chief executive must ensure that any person employed or engaged to provide mediation services under section 144—

  2. is, in deciding how to handle or deal with any particular problem or aspect of it, able to act independently; and
    1. is independent of any of the parties to whom mediation services are being provided in a particular case.

      1. The chief executive, in managing the overall provision of mediation services, is not prevented by subsection (1) from giving general instructions about the manner in which, and the times and places at which, mediation services are to be provided.

      2. Any such general instructions may include general instructions about the manner in which mediation services are to be provided in relation to particular types of matters or particular types of situations or both.

      3. Where a Labour Inspector is a party to any matter in respect of which a person employed or engaged by the chief executive is providing mediation services, the fact that the Labour Inspector and that person are employed by the same employer is not a ground for challenging the independence of that person.

      4. Where the chief executive is a party to any matter in respect of which a person employed or engaged by the chief executive is providing mediation services, that fact is not a ground for challenging the independence of that person.

      5. No person who is employed or engaged by the chief executive to provide mediation services may—

      6. hold office, at the same time, as a member of the Authority; or
        1. be employed, at the same time, to staff or support—
          1. the Authority under section 185; or
            1. the court under section 198.