If someone chooses to challenge the Employment Relations Authority’s decision in court, this doesn’t automatically stop the Authority’s decision from being carried out. The Authority’s decision will still be in effect unless the court or the Authority specifically says it should be put on hold. This is what the law means when it says that making an election doesn’t ‘operate as a stay of proceedings’. You can find more information about making this choice in section 179 of the law.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60972.
179C: Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987, or
“The Employment Court can't look into certain parental leave issues that the Employment Relations Authority is handling.”
181: Report in relation to good faith, or
“The authority tells the court how well people worked together and followed the rules during their investigation.”
The making of an election under section 179 does not operate as a stay of proceedings on the determination of the Authority unless the court, or the Authority, so orders.
