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Employment Relations Act 2000

Institutions - Employment Court

188A: When mediation in relation to breach of employment standards is appropriate

You could also call this:

“The court decides when talking it out can help fix job rule problems”

You can’t use mediation if someone asks the court for a declaration or order under sections 142B, 142E, 142J, or 142M of the Employment Relations Act 2000.

However, if the main issue is about breaking employment standards for an employee (but not for the sections mentioned above), the court might allow mediation. This can happen if:

  1. The court thinks mediation will be cheaper and faster to clear up facts or help the court understand the case.

  2. The breach of employment standards seems small and not done on purpose.

  3. Both sides agree to mediation.

  4. The court believes mediation is a good idea, considering section 3(ab) of the Act and the situation.

Remember, the court decides if mediation is right for your case based on these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803208.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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188: Role in relation to jurisdiction, or

“The Employment Court listens to and solves work problems, and tries to help people talk it out first.”

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“The court makes fair decisions based on what's right and just, not just strict legal rules.”

Part 10 Institutions
Employment Court

188AWhen mediation in relation to breach of employment standards is appropriate

  1. If an application is made for a declaration or an order under section 142B, 142E, 142J, or 142M, the court must not give a direction that the parties use mediation or further mediation.

  2. However, if the matter relates principally to an alleged breach of employment standards relating to an employee (other than an application under section 142B, 142E, 142J, or 142M), the court may give a direction to use mediation or further mediation, but only if—

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

          Notes
          • Section 188A: inserted, on , by section 25 of the Employment Relations Amendment Act 2016 (2016 No 9).