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Employment Relations Act 2000

Institutions - Employment Court

194: Application for review

You could also call this:

“You can ask a judge to look at a decision made by someone in charge if you think it's not fair.”

If you want to ask for a review of a decision made under this law, you need to know a few things. You can apply for a review under the Judicial Review Procedure Act 2016. This applies to decisions made by many different people or groups, like the Employment Relations Authority, unions, employers, or government officials.

You must make your application to the Employment Court. This court is the only place that can hear these types of cases. However, if you have the right to appeal a decision, you must do that first before you can apply for a review.

A judge can give special instructions about how to handle your case if needed. They will consider what’s urgent and what’s fair when deciding this.

Remember, these rules apply to decisions made under this law and some parts of other laws like the Public Service Act 2020 and the Education and Training Act 2020. If you’re not sure about anything, it’s a good idea to ask for help from someone who knows about employment law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60990.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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193: Proceedings not to be questioned, or

“The Employment Court's decisions can't be questioned or changed by other courts, except in special cases.”

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194A: Application for review by certain employees, or

“When workers have problems with their boss's decisions, they must use special steps to solve them instead of going to court.”

Part 10 Institutions
Employment Court

194Application for review

  1. If any person wishes to apply for review under the Judicial Review Procedure Act 2016, or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in relation to the exercise, refusal to exercise, or proposed or purported exercise by—

  2. the Authority; or
    1. an officer of the Authority or the court; or
      1. an employer, or that employer's representative; or
        1. a union, or that union's representative; or
          1. the Registrar of Unions; or
            1. the Minister; or
              1. the chief executive; or
                1. any other person—
                    1. of a statutory power or statutory power of decision (as defined by section 4 of the Judicial Review Procedure Act 2016) conferred by or under this Act or any of the provisions of sections 17 to 21, subpart 4 of Part 3, Part 4, and clauses 1 to 5 and 7 to 11 of Schedule 8 of the Public Service Act 2020 or subpart 4 of Part 6 of the Education and Training Act 2020, the provisions of subsections (2) to (4) of this section apply.

                  1. Despite any other Act or rule of law, but subject to section 184(1A), the court has full and exclusive jurisdiction to hear and determine any application or proceedings of the type referred to in subsection (1) and all such applications or proceedings must be made to or brought in the court.

                  2. Where a right of appeal (which includes, for the purposes of this subsection, the right to make an election under section 179) is conferred on any person under this Act or the Public Service Act 2020 or the Education and Training Act 2020 in respect of any matter, that person may not make an application under subsection (1) in respect of that matter unless any appeal brought by that person in the exercise of that right of appeal has first been determined.

                  3. A Judge may at any time and after hearing such persons, if any, as the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as the Judge deems expedient having regard to the exigencies of the case and the interests of justice.

                  Compare
                  • 1991 No 22 s 105
                  Notes
                  • Section 194(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 194(1): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                  • Section 194(1): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
                  • Section 194(2): amended, on , by section 64 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                  • Section 194(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 194(3): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).