Employment Relations Act 2000

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


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.


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—


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


the alleged breach appears to be minor and inadvertent; or


both parties agree; or


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

Section 188A: inserted, on 1 April 2016, by section 25 of the Employment Relations Amendment Act 2016 (2016 No 9).