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Employment Relations Act 2000

Institutions - Employment Relations Authority

183: Decision

You could also call this:

“The final choice made by a special work court after looking at all the information again”

If you choose to have your case heard by the court instead of the Employment Relations Authority, the court will make its own decision about your case and any issues related to it. This is based on section 179 of the Employment Relations Act.

When the court makes a decision, it replaces the Authority’s decision. The Authority’s decision is set aside, and the court’s decision becomes the final one for your case.

Even though the court’s decision replaces the Authority’s decision, you can still ask for a review of the Authority’s original decision. You can do this under section 194 of the Employment Relations Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60975.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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182: Hearings, or

“The court decides how much of your case needs to be looked at again”

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184: Restriction on review, or

“You can't take most decisions made by the Employment Relations Authority to another court unless they made a big mistake.”

Part 10 Institutions
Employment Relations Authority

183Decision

  1. Where a party to a matter has elected under section 179 to have that matter heard by the court, the court must make its own decision on that matter and any relevant issues.

  2. Once the court has made a decision, the determination of the Authority on the matter is set aside and the decision of the court on the matter stands in its place.

  3. Despite subsection (2), a person may apply for review of the determination of the Authority under section 194.

Compare
  • 1991 No 22 s 95(4)–(7)
Notes
  • Section 183(2): added, on , by section 61 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
  • Section 183(3): added, on , by section 61 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).