Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 106 — Exceptions in relation to discrimination
106 Exceptions in relation to discrimination (1) Section 104 must be read subject to the following provisions of the Human Rights Act 1993 dealing with exceptions in relation to employment matters:…
Section 107 — Definition of involvement in activities of union for purposes of section 104
107 Definition of involvement in activities of union for purposes of section 104 (1) For the purposes of section 104 , involvement in the activities of a union means that, within 12 months before the…
Section 108 — Sexual harassment
108 Sexual harassment (1) For the purposes of sections 103(1)(d) and 123(d) , an employee is sexually harassed in that employee's employment if that employee's employer or a representative of that…
Section 109 — Racial harassment
109 Racial harassment For the purposes of sections 103(1)(e) and 123(d) , an employee is racially harassed in the employee's employment if the employee's employer or a representative of that employer…
Section 110 — Duress
110 Duress (1) For the purposes of section 103(1)(f) , an employee is subject to duress in that employee's employment in relation to membership or non-membership of a union or employees organisation…
Section 110A — Membership of KiwiSaver scheme or complying superannuation fund
110A Membership of KiwiSaver scheme or complying superannuation fund (1) For the purposes of section 103(1)(h) , an employee's employment is adversely affected if— (a) the employee is a member of a…
Section 111 — Definitions relating to personal grievances
111 Definitions relating to personal grievances Each of the terms personal grievance , discrimination , sexual harassment , racial harassment , and duress have in any employment agreement the…
Section 112 — Choice of procedures
112 Choice of procedures (1) Where the circumstances giving rise to a personal grievance by an employee are also such that that employee would be entitled to make a complaint under the Human Rights…
Section 113 — Personal grievance provisions only way to challenge dismissal
113 Personal grievance provisions only way to challenge dismissal (1) If an employee who has been dismissed wishes to challenge that dismissal or any aspect of it, for any reason, in any court, that…
Section 114 — Raising personal grievance
114 Raising personal grievance (1) Every employee who wishes to raise a personal grievance must, subject to subsections (3) and (4) , raise the grievance with his or her employer within the period of…
Section 115 — Further provision regarding exceptional circumstances under section 114
115 Further provision regarding exceptional circumstances under section 114 For the purposes of section 114(4)(a) , exceptional circumstances include— (a) where the employee has been so affected or…
Section 116 — Special provision where sexual harassment alleged
116 Special provision where sexual harassment alleged Where a personal grievance involves allegations of sexual harassment, no account may be taken of any evidence of the complainant's sexual…
Section 117 — Sexual or racial harassment by person other than employer
117 Sexual or racial harassment by person other than employer (1) This section applies where— (a) a request of the kind described in section 108(1)(a) is made to an employee by a person (not being a…
Section 118 — Sexual or racial harassment after steps not taken to prevent repetition
118 Sexual or racial harassment after steps not taken to prevent repetition (1) This section applies if— (a) a person in relation to whom an employee has made a complaint under section 117(2) either—…
Section 119 — Presumption in discrimination cases
119 Presumption in discrimination cases (1) Subsection (2) applies if, in any matter before the Authority or the Court,— (a) the employee establishes that the employer or the employer's…
Section 120 — Statement of reasons for dismissal
120 Statement of reasons for dismissal (1) Where an employee is dismissed, that employee may, within 60 days after the dismissal or within 60 days after the employee has become aware of the…
Section 121 — Statements privileged
121 Statements privileged Any statements made or information given in the course of raising a personal grievance or in the course of attempting to resolve the grievance or in the course of any matter…
Section 122 — Nature of personal grievance may be found to be of different type from that alleged
122 Nature of personal grievance may be found to be of different type from that alleged Nothing in this Part or in any employment agreement prevents a finding that a personal grievance is of a type…
Section 123 — Remedies
123 Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a)…
Section 124 — Remedy reduced if contributing behaviour by employee
124 Remedy reduced if contributing behaviour by employee Where the Authority or the Court determines that an employee has a personal grievance, the Authority or the Court must, in deciding both the…
Section 125 — Reinstatement to be primary remedy
125 Reinstatement to be primary remedy (1) This section applies where— (a) the remedies sought by or on behalf of an employee in respect of a personal grievance include reinstatement (as described in…
Section 126 — Provisions applying if reinstatement ordered
126 Provisions applying if reinstatement ordered Where the remedy of reinstatement is provided by the Authority or the Court, the employee must be reinstated immediately or on such date as is…
Section 127 — Authority may order interim reinstatement
127 Authority may order interim reinstatement (1) The Authority may if it thinks fit, on the application of an employee who has raised a personal grievance with his or her employer, make an order for…
Section 128 — Reimbursement
128 Reimbursement (1) This section applies where the Authority or the Court determines, in respect of any employee,— (a) that the employee has a personal grievance; and (b) that the employee has lost…
Section 129 — Person bound by, or party to, employment agreement may pursue dispute under this Act
129 Person bound by, or party to, employment agreement may pursue dispute under this Act (1) Where there is a dispute about the interpretation, application, or operation of an employment agreement,…
Section 130 — Wages and time record
130 Wages and time record (1) Every employer must at all times keep a record (called the wages and time record) showing, in the case of each employee employed by that employer,— (a) the name of the…
Section 131 — Arrears
131 Arrears (1) Where— (a) there has been default in payment to an employee of any wages or other money payable by an employer to an employee under an employment agreement or a contract of…
Section 132 — Failure to keep or produce records
132 Failure to keep or produce records (1) Where any claim is brought before the Authority under section 131 to recover wages or other money payable to an employee, the employee may call evidence to…
Section 133 — Jurisdiction concerning penalties
133 Jurisdiction concerning penalties (1) The Authority has full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this Act— (a) for any breach of an employment…
Section 134 — Penalties for breach of employment agreement
134 Penalties for breach of employment agreement (1) Every party to an employment agreement who breaches that agreement is liable to a penalty under this Act. (2) Every person who incites,…
Section 135 — Recovery of penalties
135 Recovery of penalties (1) Any action for the recovery of a penalty may be brought,— (a) in the case of a breach of an employment agreement, at the suit of any party to the employment agreement…
Section 136 — Application of penalties recovered
136 Application of penalties recovered (1) Subject to any order made under subsection (2) , every penalty recovered in any penalty action, whether before the Authority or the Court, must be paid into…
Section 137 — Power of Authority to order compliance
137 Power of Authority to order compliance (1) This section applies where any person has not observed or complied with— (a) any provision of— (i) any employment agreement; or (ii) Parts 1 , 3 to 6 ,…
Section 138 — Further provisions relating to compliance order by Authority
138 Further provisions relating to compliance order by Authority (1) The power given to the Authority by section 137(2) may be exercised by the Authority— (a) of its own motion; or (b) on the…
Section 139 — Power of Court to order compliance
139 Power of Court to order compliance (1) This section applies where any person has not observed or complied with— (a) any provision of Part 8 ; or (b) any order, determination, direction, or…
Section 140 — Further provisions relating to compliance order by Court
140 Further provisions relating to compliance order by Court (1) The power given to the Court by section 139(2) may be exercised by the Court— (a) on the application of any party to the proceedings;…
Section 140A — Compliance order in relation to disclosure of employee transfer costs information
140A Compliance order in relation to disclosure of employee transfer costs information (1) This section applies where— (a) any person has not observed or complied with section 69OC , 69OD , or 69OE ;…
Section 141 — Enforcement of order
141 Enforcement of order Any order made or judgment given under this Act by the Authority or the Court (including an order imposing a fine) may be filed in any District Court, and is then enforceable…
Section 142 — Limitation period for actions other than personal grievances
142 Limitation period for actions other than personal grievances No action may be commenced in the Authority or the Court in relation to an employment relationship problem that is not a personal…
Section 143 — Object of this Part
143 Object of this Part The object of this Part is to establish procedures and institutions that— (a) support successful employment relationships and the good faith obligations that underpin them;…
Section 144 — Mediation services
144 Mediation services (1) The chief executive must employ or engage persons to provide mediation services to support all employment relationships. (2) Those mediation services may include— (a) the…
Section 144A — Dispute resolution services
144A Dispute resolution services (1) Nothing in this Act prevents the chief executive from providing dispute resolution services to parties in work-related relationships that are not employment…
Section 145 — Provision of mediation services
145 Provision of mediation services (1) The chief executive, by way of general instructions under section 153(2) and (3) ,— (a) may decide how the mediation services required by section 144 are to be…
Section 146 — Access to mediation services
146 Access to mediation services A person who wishes to access mediation services must contact an office of the Department that deals with employment relations issues.
Section 147 — Procedure in relation to mediation services
147 Procedure in relation to mediation services (1) Where mediation services are provided, the person who provides the services decides what services are appropriate to the particular case. (2) That…
Section 148 — Confidentiality
148 Confidentiality (1) Except with the consent of the parties or the relevant party, a person who— (a) provides mediation services; or (b) is a person to whom mediation services are provided; or (c)…
Section 149 — Settlements
149 Settlements (1) Where a problem is resolved, whether through the provision of mediation services or otherwise, any person— (a) who is employed or engaged by the chief executive to provide the…
Section 150 — Decision by authority of parties
150 Decision by authority of parties (1) The parties to a problem may agree in writing to confer on a person employed or engaged by the chief executive to provide mediation services, the power to…
Section 150A — Payment on resolution of problem
150A Payment on resolution of problem (1) Any payment by 1 party to another, required by any agreed terms of settlement under section 149(3) or decision under section 150(3) , must be paid directly…
Section 151 — Enforcement of terms of settlement agreed or authorised
151 Enforcement of terms of settlement agreed or authorised Any agreed terms of settlement that are, under section 149(3) , enforceable by the parties and any decision that, under section 150(3) , is…