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Parental Leave and Employment Protection Act 1987

Remedies available to employees - Role of Labour Inspectors in relation to employees

70D: Consequences of demand notice

You could also call this:

“What happens when an employer gets a demand notice”

When a Labour Inspector issues a demand notice to an employer, it has several important effects. First, it legally requires the employer to follow what the notice says. This means the employer must do what the notice tells them to do.

Second, the demand notice serves as initial proof that the employee has the right to what is mentioned in the notice. This means that if there’s a disagreement, the notice supports the employee’s claim.

Finally, if the employer doesn’t follow the demand notice, it can be enforced. The Employment Relations Authority can make a compliance order under section 137 of the Employment Relations Act 2000. This order would require the employer to obey the demand notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121087.

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“The Employment Relations Authority can decide if you should get parental leave when you disagree with a decision”

Part 7 Remedies available to employees
Role of Labour Inspectors in relation to employees

70DConsequences of demand notice

  1. The consequences of a demand notice are that it—

  2. imposes a legal requirement on the employer to comply with it; and
    1. is prima facie evidence that the employee has the entitlement specified in the notice; and
      1. may be enforced by the making by the Employment Relations Authority of a compliance order under section 137 of the Employment Relations Act 2000.

        Compare
        Notes
        • Section 70D: inserted, on , by section 18 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).