Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 69R — Employer to notify employees if bargaining fee clause agreed to
69R Employer to notify employees if bargaining fee clause agreed to (1) If a bargaining fee clause is agreed to in a secret ballot, the employer must provide the employees referred to in section…
Section 69S — Which employees bargaining fee clause applies to
69S Which employees bargaining fee clause applies to When a bargaining fee clause has been agreed to in a secret ballot and comes into force, the clause applies to an employee if— (a) the work…
Section 69T — Bargaining fee clause binding on employer and employee
69T Bargaining fee clause binding on employer and employee While a bargaining fee clause applies to an employee,— (a) the clause is binding on the employee and his or her employer; and (b) the…
Section 69U — Amount of bargaining fee
69U Amount of bargaining fee (1) A bargaining fee must not be greater than the union fee that an employee would be required to pay to the union if the employee were a member of the union. (2) A…
Section 69V — Expiry of bargaining fee clause
69V Expiry of bargaining fee clause A bargaining fee clause expires when the collective agreement that contains the clause expires. Part 6B (comprising sections 69P to 69W) was inserted, as from 1…
Section 69W — Validity of bargaining fee clause
69W Validity of bargaining fee clause A bargaining fee clause, and anything done under it in accordance with this Part,— (a) is not a breach of, or inconsistent with, this Act (in particular sections…
Section 70 — Object of this Part
70 Object of this Part The object of this Part is to provide paid leave to certain employees to increase their knowledge about employment relations for the purpose of— (a) improving relations among…
Section 71 — Interpretation
71 Interpretation In this Part, unless the context otherwise requires,— eligible employee , in relation to a union or an employer, means an employee who is a member of a union eligible employee: this…
Section 72 — Minister to approve employment relations education
72 Minister to approve employment relations education (1) The Minister may, for the purposes of this Part, approve courses of employment relations education. (2) The Minister may approve a course of…
Section 73 — Union entitled to allocate employment relations education leave
73 Union entitled to allocate employment relations education leave (1) A union is entitled to allocate employment relations education leave to eligible employees in accordance with this Part. (2) The…
Section 74 — Calculation of maximum number of days of employment relations education leave
74 Calculation of maximum number of days of employment relations education leave (1) The maximum number of days of employment relations education leave that a union is entitled to allocate in respect…
Section 75 — Union to notify employer of maximum number of days of employment relations education leave calculated
75 Union to notify employer of maximum number of days of employment relations education leave calculated (1) After calculating the maximum number of days of employment relations education leave, a…
Section 76 — Allocation of employment relations education leave calculated in respect of another employer
76 Allocation of employment relations education leave calculated in respect of another employer (1) This section applies to a union that is a party to a collective agreement with 2 or more employers.…
Section 77 — Allocation of employment relations education leave to eligible employee
77 Allocation of employment relations education leave to eligible employee (1) A union allocates employment relations education leave to an eligible employee by giving a notice to the employee, and a…
Section 78 — Eligible employee proposing to take employment relations education leave
78 Eligible employee proposing to take employment relations education leave (1) An eligible employee proposing to take employment relations education leave must tell his or her employer— (a) that the…
Section 79 — Eligible employee taking employment relations education leave entitled to ordinary pay
79 Eligible employee taking employment relations education leave entitled to ordinary pay (1) An employer must pay to an eligible employee the employee's relevant daily pay (as defined in section 9…
Section 80 — Object of this Part
80 Object of this Part The object of this Part is— (a) to recognise that the requirement that a union and an employer must deal with each other in good faith does not preclude certain strikes and…
Section 81 — Meaning of strike
81 Meaning of strike (1) In this Act, strike means an act that— (a) is the act of a number of employees who are or have been in the employment of the same employer or of different employers— (i) in…
Section 82 — Meaning of lockout
82 Meaning of lockout (1) In this Act, lockout means an act that— (a) is the act of an employer— (i) in closing the employer's place of business, or suspending or discontinuing the employer's…
Section 83 — Lawful strikes and lockouts related to collective bargaining
83 Lawful strikes and lockouts related to collective bargaining Participation in a strike or lockout is lawful if the strike or lockout— (a) is not unlawful under section 86 ; and (b) relates to…
Section 84 — Lawful strikes and lockouts on grounds of safety or health
84 Lawful strikes and lockouts on grounds of safety or health Participation in a strike or lockout is lawful if the employees who strike have, or the employer who locks out has, reasonable grounds…
Section 85 — Effect of lawful strike or lockout
85 Effect of lawful strike or lockout (1) Lawful participation in a strike or lockout does not give rise— (a) to proceedings under section 99 that are founded on tort; or (b) to proceedings under…
Section 86 — Unlawful strikes or lockouts
86 Unlawful strikes or lockouts (1) Participation in a strike or lockout is unlawful if the strike or lockout— (a) occurs while a collective agreement binding the employees participating in the…
Section 87 — Suspension of striking employees
87 Suspension of striking employees (1) Where there is a strike, the employer may suspend the employment of an employee who is a party to the strike. (2) Unless sooner revoked by the employer, a…
Section 88 — Suspension of non-striking employees where work not available during strike
88 Suspension of non-striking employees where work not available during strike (1) Where there is a strike, and as a result of the strike an employer is unable to provide for a non-striking employee…
Section 89 — Basis of suspension
89 Basis of suspension Where an employer suspends an employee under section 87 or section 88 , the employer must indicate to the employee, at the time of the employee's suspension, the section under…
Section 90 — Strikes in essential services
90 Strikes in essential services (1) No employee employed in an essential service may strike— (a) unless participation in the strike is lawful under section 83 or section 84 ; and (b) if subsection…
Section 91 — Lockouts in essential services
91 Lockouts in essential services (1) No employer engaged in an essential service may lock out any employees who are employed in the essential service— (a) unless participation in the lockout is…
Section 92 — Chief executive to ensure mediation services provided
92 Chief executive to ensure mediation services provided Where the chief executive receives a notice of intention to strike or lock out under section 90(1)(b)(i) or section 91(1)(b)(i) , the chief…
Section 93 — Procedure to provide public with notice before strike in certain passenger transport services
93 Procedure to provide public with notice before strike in certain passenger transport services (1) No employee employed in a passenger road service or a passenger rail service may strike— (a)…
Section 94 — Procedure to provide public with notice before lockout in certain passenger transport services
94 Procedure to provide public with notice before lockout in certain passenger transport services (1) No employer engaged in providing a passenger road service or passenger rail service may lock out…
Section 95 — Penalty for breach of section 93 or section 94
95 Penalty for breach of section 93 or section 94 (1) A union that fails to comply with section 93 is liable to a penalty imposed by the Court under this Act. (2) An employer who fails to comply with…
Section 96 — Employer not liable for wages during lockout
96 Employer not liable for wages during lockout (1) Where any employees are locked out by their employer, those employees are not entitled to any remuneration by way of salary, wages, allowances, or…
Section 97 — Performance of duties of striking or locked out employees
97 Performance of duties of striking or locked out employees (1) This section applies if there is a lockout or lawful strike. (2) An employer may employ or engage another person to perform the work…
Section 98 — Record of strikes and lockouts
98 Record of strikes and lockouts If a strike or lockout occurs, the employer of the employees participating in the strike or affected by the lockout must— (a) keep a record, in the prescribed form,…
Section 99 — Jurisdiction of Court in relation to torts
99 Jurisdiction of Court in relation to torts (1) The Court has full and exclusive jurisdiction to hear and determine proceedings founded on tort— (a) issued against a party to a strike or lockout…
Section 100 — Jurisdiction of Court in relation to injunctions
100 Jurisdiction of Court in relation to injunctions (1) The Court has full and exclusive jurisdiction to hear and determine any proceedings issued for the grant of an injunction— (a) to stop a…
Section 100A — Codes of employment practice
100A Codes of employment practice (1) The Minister may, by notice in the Gazette , approve 1 or more codes of employment practice. (2) The notice in the Gazette may, instead of setting out the code…
Section 100B — Amendment and revocation of code of practice
100B Amendment and revocation of code of practice A code of practice may be amended or revoked in the same manner as the code is approved. Part 8A (comprising sections 100A to 100E) was inserted, as…
Section 100C — Authority or Court may have regard to code of practice
100C Authority or Court may have regard to code of practice The Authority or the Court may, in determining any matter within its jurisdiction, have regard to a code of employment practice that— (a)…
Section 100D — Code of good faith for public health sector
100D Code of good faith for public health sector (1) Schedule 1B contains a code of good faith for the public health sector. (2) The code— (a) applies subject to the other provisions of this Act and…
Section 100E — Amendments to or replacement of code of good faith for public health sector
100E Amendments to or replacement of code of good faith for public health sector (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or replace the…
Section 100F — Code of good faith for employment relationships in relation to provision of services by New Zealand Police
100F Code of good faith for employment relationships in relation to provision of services by New Zealand Police (1) Schedule 1C contains a code of good faith for employment relationships in relation…
Section 100G — Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
100G Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police (1) The Governor-General may, by Order in Council made…
Section 101 — Object of this Part
101 Object of this Part The object of this Part is— (a) to recognise that, in resolving employment relationship problems, access to both information and mediation services is more important than…
Section 102 — Employee may pursue personal grievance under this Act
102 Employee may pursue personal grievance under this Act An employee who believes that he or she has a personal grievance may pursue that grievance under this Act.
Section 103 — Personal grievance
103 Personal grievance (1) For the purposes of this Act, personal grievance means any grievance that an employee may have against the employee's employer or former employer because of a claim— (a)…
Section 103A — Test of justification
103A Test of justification For the purposes of section 103(1)(a) and (b) , the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by considering…
Section 104 — Discrimination
104 Discrimination (1) For the purposes of section 103(1)(c) , an employee is discriminated against in that employee's employment if the employee's employer or a representative of that employer, by…
Section 105 — Prohibited grounds of discrimination for purposes of section 104
105 Prohibited grounds of discrimination for purposes of section 104 (1) The prohibited grounds of discrimination referred to in section 104 are the prohibited grounds of discrimination set out in…