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Employment Relations Act 2000

General provisions - Transitional provisions

250: Exercise of powers of Employment Tribunal after 31 January 2001

You could also call this:

“Temporary judges can finish old work and handle special cases even after the old court closed”

Even though the Employment Contracts Act 1991 has been replaced, the government can still appoint temporary members to the Employment Tribunal. These temporary members can be appointed before or after 31 January 2001. The rules for appointing and managing these members are the same as they were in the old law.

If you were already a member of the Employment Tribunal before this new law started, and you’re appointed as a temporary member, your working conditions will stay the same. It will be like you never stopped working there.

After 31 January 2001, these temporary members can still do some jobs for the Employment Tribunal. They can finish any work that wasn’t done by that date. They can also handle any cases that the Employment Tribunal was allowed to deal with under the old law. They have the power to do any other jobs that this new law gives them.

To do these jobs, the temporary members can use all the powers that the Employment Tribunal had under the old laws. They can use these powers even though the old laws have been replaced.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61498.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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249: Employment Tribunal, or

“The Employment Tribunal keeps working until January 31, 2001 to finish some special jobs it started before.”

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251: Exercise of powers of Authority before close of 31 January 2001, or

“The boss of the old job court can act like the new job court until the end of January 2001.”

Part 11 General provisions
Transitional provisions

250Exercise of powers of Employment Tribunal after 31 January 2001

  1. Despite the repeals effected by this Act, temporary members of the Employment Tribunal may be appointed from time to time under section 87 of the Employment Contracts Act 1991 and the provisions of that Act, including, in particular, the provisions of sections 84, 86, and 92, apply in relation to any temporary members so appointed as if that Act had not been repealed.

  2. An appointment under subsection (1) may be made before or after the close of 31 January 2001.

  3. Where any person appointed as a temporary member of the Employment Tribunal under subsection (1) is a person who, immediately before the commencement of this Act, held office as a member of the Employment Tribunal, the conditions of service of every such temporary member (except those as to his or her term of office) are to be the same as they would have been if both periods of service as a member of the Employment Tribunal had been continuous.

  4. Any temporary member of the Employment Tribunal who is in office after the close of 31 January 2001 by virtue of an appointment under subsection (1) has jurisdiction, in the name of the Employment Tribunal,—

  5. to determine or complete any proceedings under section 247 that are not determined before the close of 31 January 2001:
    1. to determine or complete any proceedings in relation to a cause of action of the type referred to in section 248 that are within the jurisdiction of the Employment Tribunal:
      1. to exercise any other jurisdiction conferred on any such temporary member by this Act.

        1. For the purposes of subsection (4), any temporary member of the Employment Tribunal to whom subsection (4) applies has, and may exercise, despite the repeals effected by this Act, the powers conferred on the Employment Tribunal by the repealed enactments, which apply accordingly with all necessary modifications.