Rights disputes procedures in Canada and New Zealand

Abstract

This paper examines the resolution of rights disputes in Canada and New Zealand. It begins with an overview of the statutory distinction between interest and rights disputes and traces the development of rights disputes procedures in both countries. This is followed by a comparison of the characteristics of rights disputes procedures in each country, e.g., scope and third-party involvement. The final section considers the performance of disputes procedures, including whether they act as a strike substitute and provide timely and cost effective dispute resolution. The implications of these findings for employment justice also are considered.