Part 10
Institutions
Employment Relations Authority
182Hearings
Where the election states that the person making the election is seeking a hearing de novo, the hearing held pursuant to that election is to be a hearing de novo unless the parties agree otherwise or the court otherwise directs.
The court may give a direction under subsection (1) only if—
- it has requested a report under
section 181(1); and
- it is satisfied,—that the person making the election did not participate in the Authority's investigation of the
matter in a manner that was designed to resolve the issues involved.
- on the basis of that report; and
- after having had regard to any comments submitted under
section 181(5),—
- on the basis of that report; and
Where—
- the court gives a direction under subsection (1); or
- the election states that the person seeking the election is not seeking a hearing
de novo,—