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159: Duty of Authority to consider mediation
or “The Authority must check if talking it out can solve the problem before looking into it themselves.”
You could also call this:

“The Authority can only suggest talking it out for small job rule problems if it's faster, cheaper, or both sides agree.”

If you have a case before the Employment Relations Authority about a possible breach of employment standards for an employee, the Authority won’t tell you to use mediation or more mediation unless one of these things is true:

The Authority thinks mediation will be cheaper and faster to clear up any facts you disagree about or help the Authority look at your case.

The possible breach seems small and not done on purpose.

You and the other person both agree to mediation.

The Authority thinks mediation is a good idea after looking at your situation and thinking about section 3(ab) of the law.

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Next up: 159A: Duty of Authority to prioritise previously mediated matters

or “The Employment Relations Authority must deal with cases that have already tried mediation before looking at other cases.”
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Part 10 Institutions
Employment Relations Authority

159AAWhen mediation in relation to breach of employment standards is appropriate

  1. If a matter before the Authority relates principally to an alleged breach of employment standards relating to an employee, the Authority must not give a direction that the parties use mediation or further mediation unless—

  2. the Authority is satisfied that mediation will be a cheaper and quicker way to clarify disputed facts or otherwise assist the Authority in considering the matter; or
    1. the alleged breach appears to be minor and inadvertent; or
      1. both parties agree; or
        1. the Authority is satisfied that, in the circumstances and having regard to section 3(ab), mediation is appropriate.

          Notes
          • Section 159AA: inserted, on , by section 22 of the Employment Relations Amendment Act 2016 (2016 No 9).