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Employment Relations Act 2000

General provisions - Transitional provisions

247: Existing proceedings

You could also call this:

"What happens to cases already in court when the Employment Relations Act 2000 started"

If you have already started a case under the Employment Contracts Act 1991 or another related Act, it will keep going as if the Employment Relations Act 2000 had not been passed. You will still go to the same court, which could be the Court of Appeal, the Employment Court, or the Employment Tribunal. The case will be decided in the same way as it would have been before the Employment Relations Act 2000 started.

This rule has some exceptions, which are explained in sections 249 to 252. These sections might change how your case is handled. The court that is handling your case will follow the rules that apply to you.

You should still get the same result as you would have before the new Act started, unless sections 249 to 252 say otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61495.

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Work and jobs > Worker rightsGovernment and voting > Government departments

Part 11General provisions
Transitional provisions

247Existing proceedings

  1. All applications, actions, appeals, proceedings, and other matters under any Act which, before the commencement of this section, have been made or referred under the Employment Contracts Act 1991 or any other Act amended or repealed by that Act or by this Act to the Court of Appeal or the Employment Court or the Employment Tribunal, and which have not been determined or completed at the commencement of this section are to be determined or completed by the Court of Appeal, Employment Court, or Employment Tribunal, as the case may require, as if this Act had not been passed.

  2. Subsection (1) is subject to sections 249 to 252.

Compare
  • 1991 No 22 s 182(1)