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New Zealand

In: Adjudicating Employment Rights

Author

Listed:
  • Susan Corby

    (University of Greenwich)

  • Pete Burgess

    (University of Greenwich)

Abstract

New Zealand’s statutory duty of good faith1 and its emphasis on mediation to resolve what are statutorily termed ‘employment relationship problems’ mark New Zealand out from all the other countries in this book. The good faith duty requires the parties to the employment relationship to be active, constructive, responsive and communicative. The emphasis on mediation as the primary problem-solving mechanism reduces the need for judicial intervention. If mediation fails, first-instance adjudication is conducted by the Employment Relations Authority, where a case is heard by a single adjudicator adopting an investigative approach. A decision of the Authority can be challenged through an appeal de novo, heard normally by a judge sitting alone in the Employment Court; further rights of appeal to the Court of Appeal and the Supreme Court are on points of law only.

Suggested Citation

  • Susan Corby & Pete Burgess, 2014. "New Zealand," Palgrave Macmillan Books, in: Adjudicating Employment Rights, chapter 9, pages 143-159, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-1-137-26920-1_9
    DOI: 10.1057/9781137269201_9
    as

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