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Employment Relations Act Is Failing

28 March 2002

The rising number of industrial confrontations underscores important faults in the Employment
Relations Act. A key point to the Act is that it promotes mediation and not litigation. This
stance however elevates negotiating strength at the expense of justice. The great benefit of ‘rule of law’ is that under law all are equal whereas with individuals setting the law, that individual is placed
above the law. With mediation the representatives of two opposing parties jostle to establish
their own view of justice as can presently be seen happening between Trevor Mallard and the
Teachers union.

Christian Heritage policy recognises the natural human tendency for the strong to take advantage
of the weak and promotes government intervention (through the Courts) as a necessary fallback
position for when workplace settlements result in unfair or unjust negotiations. This position does
not replace negotiated settlements but takes strength away from the unscrupulous negotiator and
is therefore more likely to result in early settlements.


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