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Employment Relations Act 2000

Flexible working short-term for people affected by family violence - Resolving disputes

69ABH: Mediation after initial reference to Labour Inspector

You could also call this:

“If you're unhappy with what the Labour Inspector said, you can ask someone else to help you and your boss talk about it.”

If you’re not happy with what the Labour Inspector decided about your case, you can take some steps. You have the right to ask for mediation. In mediation, your problem will be treated as an issue in your work relationship.

If you want to ask for mediation, you need to do it within a certain time. You have 6 months to ask for it. This 6 months starts from the earlier of two dates: either when you first found out about the Labour Inspector’s decision, or when you should have reasonably known about it.

When you ask for mediation, your case will be looked at as a problem in your work relationship. This means it will be handled in a way that tries to solve issues between you and your employer.

Remember, if you want to use mediation, you need to ask for it within the right time frame. Don’t wait too long or you might miss your chance.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS186663.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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69ABG: Employee has choice of procedure at initial stage, or

“If you think your boss didn't follow the rules about flexible working, you can choose how to get help.”

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69ABI: Application to Authority after initial or later reference to mediation, or

“You can ask a special group to decide if your boss followed the rules about helping workers affected by family violence”

Part 6AB Flexible working short-term for people affected by family violence
Resolving disputes

69ABHMediation after initial reference to Labour Inspector

  1. This section applies if the employee is dissatisfied with the result of the reference under section 69ABG(2)(a) to a Labour Inspector.

  2. The employee may refer the matter to mediation, at which the matter is treated as an employment relationship problem.

  3. A reference under subsection (2) must be made within 6 months after the earlier of—

  4. the date when the result of the reference first became known to the employee; or
    1. the date when the result of the reference should reasonably have become known to the employee.

      Notes
      • Section 69ABH: inserted, on , by section 6 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).