New Zealand

Susan Corby and Pete Burgess
Additional contact information
Susan Corby: University of Greenwich
Pete Burgess: University of Greenwich

Chapter 9 in Adjudicating Employment Rights, 2014, pp 143-159 from Palgrave Macmillan

Abstract: 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.

Keywords: Good Faith; Union Density; Employment Relationship; Collective Agreement; Labour Inspector (search for similar items in EconPapers)
Date: 2014
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-1-137-26920-1_9

Ordering information: This item can be ordered from
http://www.palgrave.com/9781137269201

DOI: 10.1057/9781137269201_9

Access Statistics for this chapter

More chapters in Palgrave Macmillan Books from Palgrave Macmillan
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().