What is the Employment Relations Authority?
The Employment Relations Authority is a body that helps to resolve disputes and problems that may arise between employers and employees. When a matter comes before the Authority, they will first consider whether the parties have attempted to resolve the matter through mediation. The Authority will then determine whether it would be appropriate to use mediation to resolve the matter before investigating it further. The Authority also has the power to call for evidence and information, interview parties, and make decisions on whether an investigation meeting should be in public or not.
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When a matter before the Authority relates to an alleged breach of employment standards, the Authority must ensure that mediation is an appropriate way to resolve the matter. This may be the case if mediation is cheaper and quicker, the alleged breach is minor, both parties agree, or if the Authority determines that mediation is appropriate.
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The Authority also has the power to cancel or vary an individual employment agreement if the parties have attempted to resolve the problem through mediation but have been unsuccessful. The Authority must act in equity and good conscience and must comply with the principles of natural justice, promote good faith behavior, support successful employment relationships and further the overall goal of this Act.
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Section 161 of the Employment Relations Act give the ERA exclusive jurisdiction over employment relationships. This law gives the Authority (a government agency) the exclusive power to make decisions about problems related to employment relationships, such as disputes about the meaning of an employment agreement, breaches of an agreement, whether a person is considered an employee, personal grievances, and whether the good faith obligations of the law have been followed.
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It also gives the Authority the power to take actions to recover wages or penalties, compliance orders, objections to demand notices, and orders for interim reinstatement. Section 161 also covers disputes about inventions and patents made by employees, equal pay claims, and matters arising under the Fair Pay Agreements Act 2022. In addition, the Authority has the power to make determinations about any other actions related to the employment relationship that are not within the jurisdiction of a court.