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Employment Relations Act 2000

Institutions - Employment Court

189: Equity and good conscience

You could also call this:

“The court makes fair decisions based on what's right and just, not just strict legal rules.”

The Employment Court has the power to handle all matters that come before it. The court’s goal is to support successful work relationships and encourage good faith behaviour. When making decisions or orders, the court will do what it thinks is fair and right. However, the court must follow the law and any agreements that apply to the situation.

The court can look at different types of information to help it make decisions. It doesn’t have to stick to only legal evidence. The court can accept, ask for, and use any information it thinks is fair and right to consider.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60985.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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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”

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190: Application of other provisions, or

“The special court for job issues can use rules from other courts to help solve problems.”

Part 10 Institutions
Employment Court

189Equity and good conscience

  1. In all matters before it, the court has, for the purpose of supporting successful employment relationships and promoting good faith behaviour, jurisdiction to determine them in such manner and to make such decisions or orders, not inconsistent with this or any other Act or with any applicable collective agreement or the particular individual employment agreement, as in equity and good conscience it thinks fit.

  2. The court may accept, admit, and call for such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not.

Compare
  • 1991 No 22 ss 104(3), 126(1)