Employment relations act 2000

Employment Relations Actss 4, 60, 63A. If you and your employer are negotiating a new individual agreement or negotiating any specific new terms, you must deal with each other in good faith. This duty of good faith includes not misleading or deceiving each other. Employers also have some other specific obligations when negotiating individual agreements, and this applies both to existing employees negotiating new agreements or changes to an agreement and to prospective employees.

In these situations the employer must:. Employment Relations Actss 68, If you think your employer has taken unfair advantage of you in negotiating an individual agreement, you may be able to take action against them in the Employment Relations Authority.

Employers Good Faith Obligations

You'll also need to show that your employer was aware of the relevant situation, or should have been aware of it.

The Employment Relations Authority can make whatever orders it thinks is appropriate, including ordering your employer to pay you compensation and, in some cases, amending or cancelling your agreement. Criminal Records Clean Slate Act If you're applying for a job and you're asked if you have a criminal record, you don't have to tell the employer about any convictions for minor offences that are seven or more years' old.

There are some other conditions you must meet to qualify for the right to withhold your criminal record in these situations. For example, you must never have been sentenced to prison, you must never have been disqualified indefinitely from driving, and you must have paid any fines or reparation in full.

Employment Relations Acts 67H. Genuine reasons can involve protecting your boss's business knowledge or commercial reputation, or preventing an unmanageable conflict of interest.

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employment relations act 2000

Starting work and negotiating an agreement Negotiating an individual employment agreement Negotiating an individual agreement: What you and your boss have to do Employment Relations Actss 4, 60, 63A If you and your employer are negotiating a new individual agreement or negotiating any specific new terms, you must deal with each other in good faith. In these situations the employer must: give you a copy of the proposed agreement tell you that you have the right to seek independent advice about the agreement, and give you a reasonable opportunity to get it, and consider any issues you raise, and respond to them.

What can I do if the negotiation process hasn't been fair?

Employment Relations Act 2000 pages 21 to 30

Employment Relations Actss 68, 69 If you think your employer has taken unfair advantage of you in negotiating an individual agreement, you may be able to take action against them in the Employment Relations Authority.

Do I have to tell employers about my criminal convictions? Criminal Records Clean Slate Act If you're applying for a job and you're asked if you have a criminal record, you don't have to tell the employer about any convictions for minor offences that are seven or more years' old.

Can my boss stop me working for other employers? Next Section Probation and trial periods.In this regard, it is important to be aware of what changes Labour are proposing and how the changes may affect you. The proposed changes are recorded as:. Section 67 of the ERA addresses Probationary Agreements and outlines the particulars of the existing day trial period.

Labour is set to change the ERA to allow employees to bring a claim against employers where they feel they have been unfairly dismissed during their trial period. These claims will be heard through short hearings without lawyers. The remedies available to workers may be reinstatement or damages of up to a capped amount.

Labour will release more information regarding the trial period reform in the coming months. In the meantime, it is recommended that employers become acquainted with what constitutes unfair dismissal under the current employment legislation. Inspectors monitor and enforce compliance with employment standards.

They use investigations and audit programmes to find and investigate potential breaches of employment standards and to enforce compliance. Currently, only 60 Inspectors are inspecting the entire country. Labour has proposed to increase the number of inspectors to The increase implies that New Zealand has transitioned out of the education and compliance phase of the implementation of the ERA and into the enforcement phase.

For any businesses that are not fully aware of their obligations under the ERA, or are not fully compliant, it is recommended to seek the advice of an employment lawyer. This system is intended to allow unions and employers, with the assistance of the Employment Relations Authority, to create Fair Pay Agreements that set minimum conditions, such as wages, allowances, weekend and night rates, hours of work and leave arrangements for workers across an industry, based on the employment standards that apply in that industry.

A commitment was made during the campaign to increase paid parental leave from 18 weeks as it currently stands, to 26 weeks by Consultation is to start on changing the minimum redundancy provision protection for workers. Recommendations such as the development of initiatives that smooth the transition of people made redundant into alternative jobs, made back inhave been identified as the basis on which to change the provision.

However, no further details have been offered by the Labour-led Government. Labour has also proposed to remove youth pay rates. A majority of these proposed changes are expected to be passed in Parliament in the coming months.An employee may be dismissed for a variety of reasons, the most common of which are poor performance, misconduct, and redundancy.

In some case, a resignation may be held to be an unjustified constructive dismissal. Section 1 a of the Employment Relations Act states that an employee can bring a personal grievance against their employer if they believe they have been unjustifiably dismissed. Employees must first establish that they have been dismissed. Having done this, the burden shifts to the employer to prove the dismissal was justified. For a dismissal to be justified the employer must show:. The duty to act in good faith section 4 of the Employment Relations Act applies to all aspects of the employment relationship, including dismissal.

The duty of good faith includes the requirement to be responsive and communicative in the employment relationship. Employees can but do not have to ask the employer for a written reason for their dismissal. This must be done within 60 days of the dismissal. The employer must respond within 14 days.

Failure to do so gives the employee grounds to claim there are exceptional circumstances that justify submitting the grievance outside of the day time limit. The employer can agree to an extension of the day period. The employee can raise the grievance verbally or in writing. The employer does not have to respond and the grievance can go straight to mediation. In most cases, mediation between the parties to try to resolve the grievance is expected before the Employment Relations Authority will investigate.

Free mediation services are provided by the Department of Labour. It can reject a personal grievance claim if it considers it to be frivolous or vexatious. After investigating, the Authority will issue a determination as to whether or not the dismissal was justified.

If it was unjustified, the Authority will determine what remedies the employee is entitled to, if any.Running a business is hard enough without the added stress of trying to keep up with restrictions, shutdowns, and other incoming employment law changes. That's where the EmployerLine By Employsure comes in. We help businesses all over New Zealand understand their obligations — hopefully preventing the need to solve things at the Employment Court.

EmployerLine also keeps up to date with any developments that impact workplace relations during the ongoing outbreak of COVID We make it our business to understand your business, your concerns and specific needs. So call the EmployerLine today, and get the peace of mind of having one of the leading employment advisories service in New Zealand in your corner.

As one of the leading workplace relations specialists, we'll tell you everything you need to know about:. Very reassuring that expertise and assistance is there every day and at the times it's vitally needed.

employment relations act 2000

No matter what your employment relations issue, we're here to help. Peace of mind is just a phone call away We are here to be your support and adviser. We only work with employers. Nobody else.

We work with thousands of businesses like yours. We have used the advice line via phone and email and the staff have always been quick to respond and provided the advice and information we needed.

If we need any advice they're at the end of the phone, and will guide you through whatever it is you're trying to navigate. Your e-guide should start downloading shortly. If your download does not begin, please click here. Thank you. Your details have been submitted to us and you will be contacted as soon as possible.

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We're not affiliated with the New Zealand Government. Describe your problem and we'll help solve it with straightforward, general advice. We can also meet with you at your workplace to discuss how Employsure's paid services can help you navigate complex issues.

Starting and leaving a job

Over 5, New Zealand business owners like you trust Employsure's specialist advice on employment relations. Keeping up to date with employment law changes can be tricky. Why Call EmployerLine? Unsure about employment legislation? As one of the leading workplace relations specialists, we'll tell you everything you need to know about: The Employment Relations Amendment Act What are the Employment Standards Employment legislation Employee Agreements Rights for employers Rights for your employees.

Sherri - Salute Construction, Auckland.Since 2 Octoberthe Employment Relations Act the Act has provided the legal foundations for managing employee relations right across New Zealand. From providing a structure of negotiating collective agreements to defining an employee, the Act covers the basic elements of employment and the legal protections and obligations of both employers and employees. The Act also outlines the penalties you, as an employer, or employees can face for breaching any of the obligations in the Act.

At its core, the Act aims to ensure a positive employment relationship by incorporating good faith in every component of the employment environment. The Act does this firstly by recognising that not only is good faith legislated, in this Act itself, but depends heavily on trust between you and your employees.

The Act also promotes collective bargaining, addresses the impact of power in the employment relationship, and aims to reduce the need for the Courts by encouraging mediation to try and resolve any problems.

There is also a strong push for positive employment relationships through the enforcement of employment standards by giving power to Labour Inspectors, the Employment Relations Authority and the Courts, as well as promoting the principles in various international agreements. Fortunately for employers, the Act clearly outlines expected behaviours which constitute good faith.

Put simply, it is more than just keeping trust and confidence between employees and employers, it requires both parties to be active in maintaining a productive employment relationship.

This is important for employers as it puts the maintenance of a healthy employment relationship on both parties not simply employers or managers. These three principles may sound like great ideas for managing employees but what this actually looks like can be difficult to grasp. Not being deceptive can include revealing the true reasons an employee is facing disciplinary action and not acting with hidden motives.

Being responsive and communicating appropriately can be raising concerns at the time they actually become clear and not disciplining an employee 12 months later, or responding to concerns in a timely manner. The final point in good faith is probably the most straight forward; ultimately if an employee might lose their job based on a decision you are going to make, it is best to give them access to information about the decision and a chance to comment on it.

The Employment Relations Act makes it legal for employees to make a choice on their involvement, or lack of involvement, in a union. Which translates into the fact that a contract, or an employment agreement, cannot require anyone to be or not be a member of a union nor can it treat any employee different based on their union involvement. Not only is it important for you to manage your employees in line with the rules around union membership, but being aware of the rights of a union to access the workplace is also important.

Outlined in the Act is the ability for unions to enter a workplace if they believe a member of their union works there, in which case they can enter for reasons relating to workplace arrangements such as collective bargaining, or if they believe there are employees who may be covered by their union in the workplace.

A union representative wanting to enter a workplace must do so at a time that is reasonable when an employee is there to work, but must ask the employer first. Once a union asks to enter your workplace, you cannot unreasonably say no, and must respond on the next working day. If you say no, you must give reasons.

Failing to give reasons will result in a fine from the Employment Relations Authority, so be sure to give reasons in writing and on time if you refuse. Alternatively, if you do not respond to the union within two working days, this is viewed as a yes and the union is entitled to enter the workplace.

The Employment Relations Act has been through minor amendments over the years and can be changed with far-reaching impact. Staying up to date with all of these changes, as well as understanding the basics, can be difficult. For advice call Employsure on day or night. Employsure is New Zealand's leading workplace relations specialist, working directly alongside employers to set the solid foundations for Auckland employees.

Manual handling is a common cause of injury within workplaces, and as an employer it is your responsibility to decrease any potential risk t We live in a day and age where having a few drinks is a normal part of, perhaps, everyday life. While the population varies from the non-driA statute is a formal written enactment of a legislative authority that governs a city, state, or country.

Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

It remained in force for 80 years from to The Industrial Conciliation and Arbitration Act was a piece of industrial relations legislation passed by the Parliament of New Zealand in Enacted by the Liberal Government of New Zealand, it was the world's first compulsory system of state arbitration. It gave legal recognition to unions and enabled them to take disputes to a Conciliation Board, consisting of members elected by employers and workers.

If the Board's decision was unsatisfactory to either side, an appeal could be made to the Arbitration Court, consisting of a Supreme Court judge and two assessors, one elected by employers' associations and another by unions. The Encyclopaedia of New Zealand stated that: "After some 70 years of operation, the industrial conciliation and arbitration system has become a firmly accepted — perhaps even a traditional — way of determining minimum wage rates and handling industrial disputes.

It has been subject to many criticisms from time to time, and occasionally to heavier sectional attacks, but no suggestion for its abolition has ever succeeded in gaining any significant measure of support from the employers' and workers' organisations During its time in office, it carried out a wide range of reforms in areas such as overseas trade, farming, public works, energy generation, local government, health, the arts, sport and recreation, regional development, environmental protection, education, housing, and social welfare.

In addition, the government encouraged biculturalism and a sense of New Zealand identity. The government lasted for one term before being defeated a year after the death of its popular leader, Norman Kirk.

It was the first Labour government to win a second consecutive term since the First Labour Government of to The policy agenda of the Fourth Labour Government differed significantly from that of previous Labour governments: it enacted major social reforms and economic reforms. Following electoral reforms in the election, Jim Bolger formed a coalition with New Zealand First. Following Bolger's resignation, the government was led by Jenny Shipley, the country's first female Prime Minister, for the final two years.

Its composition was determined by the election, and it sat until the election. The ECA gave the most freedom to employers and employees to reach agreement without government intervention. Each Act established a court or institution to settle industrial disputes.

The judges of the Employment Court are appointed by the Governor-General on the advice of the Attorney-General section Section of the ERA gives the Employment Court jurisdiction over all matters relating to employment disputes.

The members of the Employment Relations Authority are appointed by the Governor-General on the advice of the Minister section Section states that the Employment Relations Authority is an investigative body that examines the facts of the case, as opposed to legal technicalities, in seeking to resolve problems with the parties' employment relationship.

Section established the Mediation Service, which was hosted by the Department of Labour untilwhen the department ceased to exist and the role was transferred to the Labour Group of the newly formed Ministry of Business, Innovation and Employment. The ERA covers persons who do any work for payment for an employer under a contract of service. Payment may include commissions, piece rates, salaries, or wages.

In the Employment Relations Authority decided that some Ukrainian sailors, who entered into their employment agreements in Russia and were working on a Russian registered ship in NZ waters for a NZ-based charter were entitled to get the NZ minimum wage while in NZ waters.

employment relations act 2000

It specifically excludes volunteers. The ERA does not cover the relationship between principal and contractor or between contractor and sub-contractor. When the nature of the employment relationship is in doubt the Employment Court "must consider all relevant matters" pertaining to the nature of the relationship.Changes authorised by subpart 2 of Part 2 of the Legislation Act have been made in this official reprint. New Zealand Legislation.

Home Advanced search Browse About this site. Quick search HelpQuickSearch? My recent searches. Search within this Act. By sections View whole 1. Add to web feed Order a commercial print. Reprint as at 1 January Note Changes authorised by subpart 2 of Part 2 of the Legislation Act have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated. Key provisions. Good faith employment relations. Records relating to minimum entitlement provisions.

Preliminary provisions. Freedom of association. Recognition and operation of unions. Registration of unions and related matters.

employment relations act 2000

Access to workplaces. Union meetings. Registrar of Unions. Collective bargaining. Good faith. Codes of good faith. Facilitating bargaining. Determining collective agreement if breach of duty of good faith. Authority may determine that bargaining has concluded. Collective agreements. Undermining collective bargaining or collective agreement. Flexible working. Duties of employer. Resolving disputes. Review of Part. Bargaining fees.

Unjustified Dismissal

Breastfeeding facilities and breaks. Rest breaks and meal breaks. Employment relations education leave. Strikes and lockouts. Lawfulness of strikes and lockouts.


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