Mediation In Essential Industries
More than 100,000 New Zealanders work in essential industries. These are defined under the Employment Relations Act as areas where industrial action over collective bargaining can cause major social or economic disruption to the community.
Fourteen days’ notice of industrial action in essential industries is required, and the Secretary of Labour must be advised if industrial action is to be taken. The services of a mediator will then be offered to the parties.
The mediator provides the same services as those normally offered to parties during other negotiations, but in particular will seek to assist the parties in understanding how a strike or lockout can be avoided.
Mediation Outside The Department of Labour Mediation Services
Other organisations and individuals can provide mediation in employment relationship matters, if the parties agree.
A private mediator can be a good option when:
- the point of difference is technical, or specific to a particular industry
- you want to establish a consistent mediation framework in your workplace.
There are costs involved in employing a private mediator. Part of any agreement to use this form of mediation should be agreeing on how much and who pays.
Only Department of Labour mediators have the authority to sign settlements so that they are legally final and binding under the Employment Relations Act. If a private mediator is used, a Department of Labour mediator can be asked to sign the settlement. Contact the Department on 0800 20 90 20 or your local Department of Labour Workplace Services area office for advice on this process.
The Employment Relations Authority
The Employment Relations Authority was established under the Employment Relations Act to determine the law and facts in employment relations disputes. It has powers to determine the outcomes of disputes.
The Authority can use a variety of ways to sort through issues. For example, it can:
- call for evidence from the parties or anyone else
- hold investigative meetings
- interview the parties or anyone else.
The Authority must also consider whether mediation will still be helpful, and can refer parties back to mediation.
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This page was last updated on:
30-Jul-2009
and is current.
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