Employment Relations Authority given more power to manage bad behaviour Employment Law Update Dec.

The Contempt of Court Act 2019 (the Act) is ushering in a new set of powers to the Courts which are all more or less aimed at curtailing bad behaviour. These powers will, of course, apply to the Employment Court, but the Employment Relations Authority is also lumped in with the Courts and will have a new range of tools at its disposal to control wayward litigants. The key changes focus on controlling what is labelled “disruptive behaviour”, on enforcing orders of the Authority (or Court) that have not been complied with and on people making false statements about the Authority or Court.

Disruptive behaviour

The Employment Relations Authority currently has the power to issue a penalty against an individual for delaying or obstructing an investigation meeting: s 134A of the Employment Relations Act 2000. On a per breach basis penalties can be up to $20,000 for a body corporate and up to $10,000 for an individual. Such penalties have been issued a number of times. However, in addition to this power, the Authority will also be given powers to manage “disruptive behaviour”. The Authority (or Court) will be entitled to take action if they believe any person is wilfully disrupting the Authority (or Court) proceedings or wilfully and without lawful excuse disobeying any order or direction of the Authority (or Court) in the course of the proceedings (s 16(1)).

Consequences can follow where the Authority (or Court) find that disruptive behaviour has taken place. The Authority (or Court) can take one or more of the following actions:

  • order that the person be excluded from the investigation meeting, and

  • cite the person for disruptive behaviour and order that the person be taken into custody and detained until a time no later than the time the investigation meeting concludes for the day (s 16(2)).

  • Where an individual is cited as having engaged in disruptive behaviour, the matter can take a more serious turn. On finding beyond a reasonable doubt that the person is guilty of disruptive behaviour, the Authority (or Court) can take the following actions:

  • issue a warrant committing the person to imprisonment for a term not exceeding three months; or

  • impose on the person a fine not exceeding $10,000; or

  • order the person to do community work, not exceeding 200 hours, as the Authority thinks fit ((s 17(5)).

Enforcing orders

The Authority (and Court) will have new powers to enforce any order it has made against any party. Where someone has failed to comply with orders, the Authority (and Court) can take the following actions: