159AA When mediation in relation to breach of employment standards is appropriate

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—

(a)

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

(b)

the alleged breach appears to be minor and inadvertent; or

(c)

both parties agree; or

(d)

the Authority is satisfied that, in the circumstances and having regard to section 3(ab), mediation is appropriate.

Section 159AA: inserted, on 1 April 2016, by section 22 of the Employment Relations Amendment Act 2016 (2016 No 9).