Employment Relations Act 2000

Institutions - Employment Court

194A: Application for review by certain employees

You could also call this:

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

If you’re an employee and your employer uses or refuses to use their legal power in a way that causes a problem in your job, this law applies to you. It’s important to know that you can’t go straight to court about this issue. Instead, you must use the problem-solving steps that are already part of the Employment Relations Act to deal with the problem. This means you can’t ask for a review of the problem in the regular court or the High Court. You have to follow the special steps for solving job-related problems that are set out in this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60992.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination

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


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Part 10 Institutions
Employment Court

194AApplication for review by certain employees

  1. This section applies to any exercise, refusal to exercise, or proposed or purported exercise of a statutory power or statutory power of decision by an employer if that exercise, refusal to exercise, or proposed or purported exercise of the statutory power or statutory power of decision is or gives rise to an employment relationship problem.

  2. When subsection (1) applies, the employee or former employee concerned—

  3. must use the employment relationship problem-solving provisions in this Act to deal with the problem; and
    1. may not bring an application for review in relation to the problem in the court or the High Court.
      Notes
      • Section 194A: inserted, on , by section 65 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).