Reducing legalism: The impact of the Employment Relations Act 2000.
|dc.identifier.citation||Morton, J. (2000, August). Reducing legalism: The impact of the Employment Relations Act 2000. (Thesis, Master of Commerce). Retrieved from http://hdl.handle.net/10523/1281||en|
|dc.description.abstract||In 1991 the Employment Contracts Act came into force, bringing with it a significant change to New Zealand's industrial relations structure. It shaped a move towards an individual framework that was based on the freedom of contract within a small remaining set of minimum rights. This fundamental change towards individual rights brought about an explosion of personal grievance claims. Some commentators have claimed that the settlement of these grievances within the specialist institutions set up to deal with them has resulted in excessive legalism. When the new Labour led coalition government was elected in 1999, little time was spent before they introduced one of their election promises; the new Employment Relations Act 2000. One of the policy intentions behind this change was to reduce excessive legalism within the lower levels of the employment institutions set up to deal with disputes. The most significant change was to abolish the Employment Tribunal which had fulfilled both the roles of mediation and adjudication, and replace it with the Mediation Service and the Employment Relations Authority, as two separate institutions set up to deal with mediation, and an investigatory style of adjudication respectively. Other changes included making mediation a compulsory first step in the resolution of rights disputes and to remove the Court's right to supervise practice and procedure in the lower institutions. The Department of Labour expected the rest of the change to come from altering the operational processes within the institutions to be less formal, simpler and less legalistic. They also pointed out that legal representation should normally be unnecessary and that the changes to process would ensure that parties could represent themselves successfully without disadvantage. In keeping with this de-emphasis on the need for legal representation, legal aid availability for mediation was ceased, and policy from the Legal Service's Agency stated that aid for adjudication in the Authority should the exception rather than the rule. Interviews with Mediation Service mediators and Employment Relations Authority members were carried out to determine the extent to which legislative changes and policy direction reduced legalism, or been the cause of other consequences. In recognition or their heavy involvement in personal grievances, employment lawyers and union organisers were also surveyed. These were included to gauge any difference in perception these key stakeholders may have had in comparison to those interviewed, and to help triangulate the data. Results show that some changes have an effect on reducing legalism, while some do not, and others have different consequences to what was intended. The research concludes that the Employment Relations Authority shows a greater change than does the Mediation Service. The change in process that was envisioned by the Department of Labour is not as substantial as intended. This with the ongoing heavy use of legal advocates as representatives, are the two key areas which are determined to be limiting more of a reduction in legalism. Factors that do not affect legalism positively include the separation of institutions, mandatory mediation, or de novo hearings in the Court. Further research is required to determine how the processes could be changed to further reduce legalism, more in line with the Department of Labour policy intentions. More detail on the costs and benefits to the dispute resolution process in having representation; particularly research that investigates the interaction between these two in more detail is also required.||en_NZ|
|dc.subject||Employment Relations Act 2000||en_NZ|
|dc.subject||Employment Relations Authority,||en_NZ|
|dc.subject.lcsh||HD28 Management. Industrial Management||en_NZ|
|dc.subject.lcsh||H Social Sciences (General)||en_NZ|
|dc.subject.lcsh||HD Industries. Land use. Labor||en_NZ|
|dc.subject.lcsh||HD28 Management. Industrial Management||en_NZ|
|dc.subject.lcsh||HD61 Risk Management||en_NZ|
|dc.title||Reducing legalism: The impact of the Employment Relations Act 2000.||en_NZ|
|thesis.degree.name||Master of Commerce|
|thesis.degree.grantor||University of Otago||en_NZ|
|dc.description.references||Anderson, G. (2001). Just a jump to the left? New Zealand's Employment Relations Act 2000. Australian Journal of Labour Law, 14, 62-88. Anderson, G., Banks, B., Brown, J., & Chauvel, C. (2001). Mazengarb's employment law: Butterworths of New Zealand Ltd. Ardargh, A., & Cumes, G. (1998). Lawyers and mediation: Beyond the adversarial system? Australian Dispute Resolution Journal, 9(1), 72-80. Babbie, B. (1990). Survey research methods (2nd ed.). Belmont: Wadsworth Publishing Company. Bartlett, P., Hodge, W. C., Muir, P., Toogood, C., & Wilson, R. (2002). Brookers employment law (August 2002 ed.). Wellington: Brookers Ltd. Black, D. (1976). The behaviour of law. New York: Academic Press. Blyth, F. (2001). Draft Crown Law Opinion. Wellington: Legal Services Agency. Boulle, L., Jones, J & Goldblatt, V. (1998). Mediation: Principle, process, practice (New Zealand ed.). Wellington: Butterworths. Buchanan, G. (2001). Draft Crown Law Opinion. Wellington. Cavana, R. Y., Delahaye, B. L., & Sekaran, U. (2001). Applied business research: Qualitative and Quantitative methods. Milton: John Wiley & Sons Australia Ltd. Chapman, R., & Elder, J. L. (1996). The role of lawyers in mediation. New Zealand Law Journal, May, 186-192. Chetwin, J., M, Secretary of Labour. (1999). Employment Relations Bill - Policy issues. Wellington: Department of Labour. Chetwin, J., M, Secretary of Labour. (2000). Employment Relations Bill - Overview of policy issues. Wellington: Department of Labour. Collins concise dictionary. (5th ed.)(2001). Glasgow: Harper Collins. Corby, S. (1998). Resolving employment disputes: Lessons from Great Britain? New Zealand Journal of Industrial Relations, 23(3), 153-167. Cully, M., Woodland, S., O'Reilly, A., & Dix, G. (2000). Britain at work: As depicted by the 1998 workplace employee relations survey. London: Routledge. Davidson, C., & Touch, M. (Eds.). (1999). Social science research in New Zealand: Many paths to understanding. Auckland: Longman. Dearden, A. (2000). The role of the new millennium lawyer in the wake of the ER Bill. Employment law bulletin, July(5), 96-98. Deeks, J., Parker, J., & Ryan, R. (1994). Labour and employment relations in New Zealand (2nd ed.). Auckland: Longman Paul. De Maria, W. (1992). Social work and medicine: Hemlock in the flavour of the month? Australian Social Work, 45(1), 17-32. Development of the government's employment relations reform legislation - residual issues. (2000). Wellington: Department of Labour. Dumbleton, A. (2001). The Employment Relations Authority gets under way. New Zealand Journal of Industrial Relations, 26(1), 119-130. Dynrberg, S., & Treadwell, C. (2001). Provision of legal aid for mediation under Employment Relations Act 2000 - Opinion ref: LRG320/1. To, Legal Services Agency. Barry Holt. Wellington: Crown Law Office. Easterby-Smith, M., Thorpe, R., & Lowe, A. (1991). Management research: An introduction. London: Sage. Employment Contracts Bill: Outstanding policy decisions, Paper to Minister of Labour. (1991). Wellington: Department of Labour. Employment institutions - Options paper. (2000). Wellington: Department of Labour. The Employment Relations Act: A summary of the first two years (2 October 2000 to 30 September 2002). (2002). Wellington: Department of Labour. Employment Relations Bill. (1999). Wellington: Minutes and drafting instructions of the Labour Party interest groups. Employment Relations Bill: Report of the Department of Labour to the Employment and Accident Insurance Select Committee. (2000). Wellington: Department of Labour. Franks, P. (2003). Employment mediation in New Zealand. ADR Bulletin, 6(1), 4-8. Galanter, M. (1992). Law abounding: Legalisation around the North Atlantic, Modern Law Review, 55, 1-. Gardiner, R. (1993). Personal grievance mediation in the Employment Tribunal. New Zealand Journal of Industrial Relations, 18(3), 342-351. Geare, A. J. (2000). Industrial relations: A general introduction and the New Zealand System, Dunedin: Fine. Goddard, T. G., Chief Judge. (1993). Mediation of employment disputes. Employment law bulletin, 47-50. Hayek, F. A., Collona, M., Hagermann, H. & Hamouda, 0, F. (1994). The economics of F A Hayek. Hants: Aldershot. Hinde, G. W. (Ed.). (1972). Mozley & Whitelys New Zealand law dictionary (2nd ed.). Wellington: Butterworths. Hughes, J. (1999). The Employment Court after the Industrial Relations Package. New Zealand Journal of Industrial Relations, 24(1), 21-45. Hussey, J., & Hussey, R. (1997). Business research: A practical guide for undergraduate and postgraduate students. Houndmills: MacMillan Press Ltd. Hutcheson, P. (1988). Mediation and lawyers - A likely marriage. New Zealand Law Journal, June, 215-216. Hutcheson, P. (2000). Mediation in the 21st century. Employment Law Bulletin, July(5), 99-101. Judge McKee, Q. C. (1986). Legalism in industrial tribunals. Industrial Law Journal, 15(2), 110-112. Kagan, R. A. (1997). Should Europe worry about adversarial legalism. Oxford Journal of Legal Studies, 17(2), 165-183. Knowles, A. (1999). Employment Relations Bill - drafting instructions. In M. Hon. Wilson (Ed.). Wellington: New Zealand Employers Federation Inc. McAndrew, I. (2002). Determinations of the Employment Relations Authority. New Zealand Journal of Industrial Relations, 27(3), 323-347. Mediation cash help. (1997, January). New Zealand Herald, pp. A4. Mediation services - eligibility of parties for legal aid. (undated). Wellington: Department of Labour - File note. Ministerial briefing, social policy, labour (2002). Department of Labour. Retrieved 3/07/2003, www.beehive.govt.nz/briefings/socialpolicy/labour/employment2.cfm Minister of Labour. (1991). Employment Contracts Bill - Institutional arrangements, (options paper). Wellington: Department of Labour. Oberwinter, J. W. (2000). The good faith concept in the Employment Relations Act 2000: Possible effects on the individual employment relationship: Report to, Chief Judge of the Employment Court: T G Goddard. Palmer, S. G., & Chen, M. (1993). Public law in New Zealand. Auckland: Oxford University Press. Policy on legal aid for employment mediation (2001). Legal Services Agency. Retrieved 3/07/2003, from the World Wide Web: Role of specialist employment institutions. (2000). Wellington: Department of Labour. Roth, P. (1997). The cost of "individualising" labour law. Employment law bulletin, August(5), 82-83. Roth, P. (2001). Symposium: Employment Relations Act. New Zealand Journal of Industrial Relations, 26(1), 1-4. Roth, P., & Churchman, P. (2000, October 2000). The Employment Relations Act 2000. Paper presented at the NZLS Seminar. Saunders, M., Lewis, P., & Thornhill, A. (2000). Research methods for business students. Harlow: Prentice Hall. Scimecca, J. (1993). What is conflict resolution. Peace Review, 54(4), 391-. Shapiro, M. (1993). The globalisation of law. Indiana Journal of Global Legal Studies, 37, 42-. Skiffington, L. (1997). There must be a better way: Alternative dispute resolution. Employment law bulletin, March(2), 23-27. Skiffington, L. (2001). The making of the ER Act - A recipe for success. Employment law bulletin, March(3), 37-41. Sordo, B. (1996). The lawyers role in mediation. Australian Dispute Resolution Journal, 7, 20. Steps for proceedings under the Employment Relations Act 2000 - Provider Manual (2001). Legal Services Agency. Retrieved 22 November, from the World Wide Web: www. lsa.govt.nz/listedprovider/pdts/Employment webpdt Stockdill, R. A. (2001). Availability of Legal Aid for mediation under the Employment Relations Act. Wellington: Department of Labour. Striking the balance: Your opportunity to have your say on the New Zealand Court system. (2002). Wellington: Law Commission. Tennet, E. (1993). "Address of the Labour Party spokesperson on employment" in Employment law. Wellington: Butterworths. Teubner, G. (Ed.). (1987). Juridification of social spheres : a comparative analysis in the areas of labor, corporate, antitrust, and social welfare law. Berlin: Walter de Gruyter. Tufte, E, R. (1983). The visual display of quantitative information. Cheshire: Graphic Press. Walsh, P., & Ryan, R. (1993). The making of the Employment Contracts Act. In R. Harbridge (Ed.), Employment contracts: New Zealand experience. Wellington: Victoria University Press. Whitfield, K., & Strauss, G. (Eds.). (1998). Researching the world of work: Strategies and methods in studying industrial relations. New York: Cornell University Press. Wiegand, W. (1991). The reception of American law in Europe. American Journal of Company Law, 39, 229-248. Wilson, M., Hon. (2000). Development of employment relations reform legislation. Wellington: Cabinet Office. Wilson, M., Hon. (2001). Employment Relations Act: A statutory framework for balance in the workplace. New Zealand Journal of Industrial Relations, 26(1), 5-11. Zikmund, W. G. (2000). Business research methods (6th ed.). Orlando, FL: The Dryden Press.||en_NZ|
Files in this item
There are no files associated with this item.
This item is not available in full-text via OUR Archive.
If you would like to read this item, please apply for an inter-library loan from the University of Otago via your local library.
If you are the author of this item, please contact us if you wish to discuss making the full text publicly available.