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Employment Relations Act 2000

Institutions - Employment Relations Authority

179A: Limitation on challenges to certain determinations of Authority

You could also call this:

“You can only challenge certain decisions if it's about specific reasons for ending a bargaining process.”

This section talks about when you can challenge certain decisions made by the Employment Relations Authority. The Authority is a group that helps solve workplace problems.

When the Authority makes decisions about fixing pay for some workers or about pay equity claims, you can only challenge these decisions in a specific way. You can’t just choose to have your case heard in court like you normally could.

The only time you can ask for your case to be heard in court is if you think there are special reasons, as described in other parts of the law. These reasons are listed in section 50C(1) or section 50J(3).

This rule is meant to make sure that certain types of decisions by the Authority are handled in a particular way, limiting when and how they can be challenged in court.

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 It might be out of date or be missing some parts.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=DLM60970.

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179: Challenges to determinations of Authority, or

“If you're unhappy with a decision from the Employment Relations Authority, you can ask a court to look at it again.”

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179B: Limitations on consideration by Employment Court of matters arising under Part 6AA or 6AB, or

“The Employment Court can't look into certain work-related issues that the Employment Relations Authority has already dealt with.”

Part 10 Institutions
Employment Relations Authority

179ALimitation on challenges to certain determinations of Authority

  1. This section applies to a determination of the Authority made—

  2. for the purposes of sections 50A to 50I; or
    1. under section 50J.

      1. A party may not elect, under section 179(1), to have the matter heard by the court unless the matter is whether 1 or more of the grounds in section 50C(1) or section 50J(3) exist.

      Notes
      • Section 179A: inserted, on , by section 60 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).