Employment Relations Act 2000

Institutions - Employment Relations Authority

183: Decision

You could also call this:

"The court makes a final decision that replaces other decisions."

If you choose to have a matter heard by the court under section 179, the court will make its own decision on that matter. The court's decision will include any relevant issues. You will get the court's decision instead of the Employment Relations Authority's decision.

When the court makes a decision, it replaces the Authority's decision on the matter. The court's decision is what stands.

You can still apply for a review of the Authority's decision under section 194, even after the court has made a decision.

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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 10Institutions
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).