Employment Relations Act 2000

Institutions - Employment Court

189: Equity and good conscience

You could also call this:

"The court makes fair decisions that are right and honest, even if it means using unusual information to help people have good work relationships."

When you are in the Employment Court, the court can make decisions in a way that is fair and right. The court wants to help people have good relationships at work and be honest with each other. The court can make decisions that are not against any laws or agreements.

The court can look at any information it thinks is necessary to make a fair decision, even if it is not the kind of evidence that is usually allowed in court. This means the court can consider things that might not normally be used as evidence, as long as it thinks they are relevant and fair. The court will use its own judgement to decide what information to consider.

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


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

Part 10Institutions
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)