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Employment Relations Act 2000

Institutions - Employment Court

188: Role in relation to jurisdiction

You could also call this:

“The Employment Court listens to and solves work problems, and tries to help people talk it out first.”

The Employment Court’s main job is to listen to and decide on matters that fall under its authority. When a case comes to the court, they first check if anyone has tried to solve it through mediation. If not, the court will usually tell the people involved to try mediation first, unless they think it won’t help, isn’t in the public’s best interest, or might delay urgent matters. Even during a hearing, the court might suggest mediation if they think it could help.

If the court tells you to use mediation, you must try your best to reach an agreement. The court will pause the case until you’ve done this or until they say otherwise.

It’s important to know that the court doesn’t tell the Employment Relations Authority how to do its job. This includes how the Authority investigates things or the steps it takes to handle cases.

These rules about the court’s role may change a bit because of section 188A, so you should check that section too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60983.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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187: Jurisdiction of court, or

“The Employment Court decides special work-related cases that other courts can't handle.”

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188A: When mediation in relation to breach of employment standards is appropriate, or

“The court decides when talking it out can help fix job rule problems”

Part 10 Institutions
Employment Court

188Role in relation to jurisdiction

  1. The general role of the court in relation to its jurisdiction is to hear and determine matters within its jurisdiction and to exercise its powers.

  2. Where any matter comes before the court for decision, the court—

  3. must, whether through a Judge or through an officer of the court, first consider whether an attempt has been made to resolve the matter by the use of mediation; and
    1. must direct that mediation or further mediation, as the case may require, be used before the court hears the matter, unless the court considers that the use of mediation or further mediation—
      1. will not contribute constructively to resolving the matter; or
        1. will not, in all the circumstances, be in the public interest; or
          1. will undermine the urgent or interim nature of the proceedings; and
          2. must, in the course of hearing and determining any matter, consider from time to time, as the court thinks fit, whether to direct the parties to use mediation.

            1. Where the court gives a direction under subsection (2)(b) or (c), the parties must comply with the direction and attempt in good faith to reach an agreed settlement of their differences; and proceedings in relation to the request before the court are suspended until the parties have done so or the court otherwise directs (whichever first occurs).

            2. It is not a function of the court to advise or direct the Authority in relation to—

            3. the exercise of its investigative role, powers, and jurisdiction; or
              1. the procedure—
                1. that it has followed, is following, or is intending to follow; or
                  1. without limiting subparagraph (i), that it may follow or adopt.

                  2. This section applies subject to section 188A.

                  Notes
                  • Section 188(4): substituted, on , by section 63 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                  • Section 188(5): inserted, on , by section 24 of the Employment Relations Amendment Act 2016 (2016 No 9).