Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Mediation services

155: Arbitration

You could also call this:

“When people at work have a problem, they can choose to have someone else decide what to do about it.”

If you and someone you work with have a problem at work, you can choose to use arbitration to solve it. Arbitration is when you ask someone else to make a decision about your problem.

You and the other person can agree to use arbitration if you want to. If you do choose arbitration, you won’t use the rules from the Arbitration Act 1996. Instead, you and the other person will decide how the arbitration will work.

Even if you use arbitration, you can still use other ways to solve your problem. You can still use mediation services, or ask the Employment Relations Authority or the court for help. Using arbitration doesn’t change how the Employment Relations Act works for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60930.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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154: Other mediation services, or

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

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156: Employment Relations Authority, or

“A special group that helps solve problems between workers and bosses”

Part 10 Institutions
Mediation services

155Arbitration

  1. Nothing in this Act prevents the parties to an employment agreement from agreeing to submit an employment relationship problem to arbitration.

  2. If the parties to an employment agreement purport to submit an employment relationship problem to arbitration,—

  3. nothing in the Arbitration Act 1996 applies in respect of that submission; and
    1. the parties must determine the procedure for the arbitration.

      1. The submission of an employment relationship problem to arbitration does not—

      2. prevent any of the parties from using mediation services or applying to the Authority or the court in accordance with this Part; or
        1. otherwise affect the application of this Act.