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Employment Relations Act 2000

Institutions - Employment Relations Authority

174A: Oral determinations

You could also call this:

“The Employment Relations Authority can make decisions out loud and write them down later”

When the Employment Relations Authority gives an oral decision, they must explain their conclusions on the important issues. They need to tell you about any important facts or laws that helped them reach their decision. They also have to say what orders, if any, they are making.

The Authority must write down their oral decision as soon as they can. They should do this within 1 month after the meeting where they investigated the issue. Sometimes, if there are special reasons, the Chief of the Authority might let them take longer to write it down.

If the Authority makes a mistake in their oral decision because of an error or something they left out, they can fix it when they write it down.

This is all part of section 174A of the Employment Relations Act 2000. It helps make sure that when the Authority makes decisions out loud, they still give you all the important information you need to understand what they decided and why.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6407624.

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174: Authority must give oral determination or oral indication of preliminary findings wherever practicable, or

“The Employment Relations Authority should tell people what they've decided or what they're thinking right after a meeting, if they can.”

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174B: Oral indication of preliminary findings, or

“The judge tells you what they think about your case before making a final decision.”

Part 10 Institutions
Employment Relations Authority

174AOral determinations

  1. If the Authority gives an oral determination under section 174(a), it must—

  2. express its conclusions on the matters or issues it considers require determination in order to dispose of the matter; and
    1. state any relevant findings of fact or law to the extent that it considers it necessary to do so in order to explain its conclusions; and
      1. specify what orders (if any) it is making.

        1. The Authority must record an oral determination in writing as soon as practicable and not later than 1 month after the date on which the investigation meeting concluded.

        2. However, the Authority may record an oral determination later than the date specified in subsection (2) if the Chief of the Authority decides exceptional circumstances exist.

        3. The Authority may amend an oral determination when it is recorded under subsection (2) if it is necessary to correct a mistake caused by an error or omission in the determination.

        Notes
        • Section 174A: inserted, on , by section 69 of the Employment Relations Amendment Act 2014 (2014 No 61).