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Employment Relations Act 2000

Institutions - Employment Relations Authority

174D: Authority may determine matter without holding investigation meeting

You could also call this:

“The Authority can decide on a case without having a meeting, as long as they write down their decision quickly.”

The Employment Relations Authority can decide on a matter without having a meeting to investigate it. This is allowed even though there are rules about holding investigation meetings.

If the Authority makes a decision without a meeting, they must write down what they found. They need to do this as soon as they can. They have to finish writing it no later than 3 months after they got the last piece of information from the people involved or anyone else.

Sometimes, the Authority might need more time to write their decision. This can only happen if the person in charge of the Authority says there are very special reasons for needing more time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6407629.

Topics:
Work and jobs > Worker rights
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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”

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174E: Content of written determinations, or

“The Authority's written decisions must explain facts, laws, and conclusions, but don't need to include all the details.”

Part 10 Institutions
Employment Relations Authority

174DAuthority may determine matter without holding investigation meeting

  1. Despite sections 174 and 174C, the Authority may determine a matter without holding an investigation meeting.

  2. If the Authority determines a matter without holding an investigation meeting, it must provide a written determination of its findings as soon as practicable and not later than the day that is 3 months after the date on which the Authority received the last evidence or information from the parties or any other person.

  3. However, the Authority may provide a written determination of its findings later than the latest date specified in subsection (2) if the Chief of the Authority decides exceptional circumstances exist.

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