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Employment Relations Act 2000

Institutions - Employment Relations Authority

174B: Oral indication of preliminary findings

You could also call this:

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

When you’re at the Employment Relations Authority, they might tell you what they think about your case before they make a final decision. This is called an oral indication of preliminary findings. Here’s what you need to know:

The Authority will tell you what they think the main issues are and how they might decide on them. They’ll explain why they think this way, including any important facts or laws they’ve considered.

The Authority might say that their thoughts could change if they get more information from you or anyone else involved in the case.

After they tell you their initial thoughts, the Authority has to give you a written decision. This should happen as soon as they can do it, but no later than three months after your meeting with them ended or three months after they got the last bit of information they needed.

Sometimes, if there’s a really good reason, the person in charge of the Authority might let them take longer than three months to give you the written decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6407626.

Topics:
Work and jobs > Worker rights
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174A: Oral determinations, or

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

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174C: Authority may reserve determination, or

“The Authority can take extra time to make a decision if it needs to think about it more”

Part 10 Institutions
Employment Relations Authority

174BOral indication of preliminary findings

  1. If the Authority gives an oral indication of its preliminary findings under section 174(b), it—

  2. must—
    1. give an indication of its likely conclusions on the matters or issues it considers require determination in order to dispose of the matter; and
      1. state any likely relevant findings of fact or law to the extent that it considers it necessary to do so in order to explain its likely conclusions; and
      2. may express the oral indication of its preliminary findings as being subject to any further evidence or information from the parties or any other person.

        1. The Authority must provide a written determination in respect of a matter for which it has given an oral indication of its preliminary findings as soon as practicable and not later than the later of the following dates:

        2. the day that is 3 months after the date on which the investigation meeting concluded; and
          1. the day that is 3 months after the date on which the Authority received the last evidence or information from the parties or other person referred to in subsection (1)(b).

            1. However, the Authority may provide a written determination in respect of a matter for which it has given an oral indication of its preliminary findings later than the latest date specified in subsection (2) if the Chief of the Authority decides exceptional circumstances exist.

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