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Parental Leave and Employment Protection Act 1987

Primary carers not eligible for primary carer leave may request negotiated carer leave - Resolving disputes

30H: Labour Inspectors and mediation

You could also call this:

“Helpers for solving work problems about flexible hours”

If you believe your employer hasn’t followed the rules about flexible working arrangements in section 30D, you have some options. You can choose to go straight to mediation to sort things out. Or, you can ask a Labour Inspector for help. The Labour Inspector will try their best to help you and your employer solve the problem together.

If you talk to a Labour Inspector first and you’re not happy with how things turn out, you can still go to mediation afterwards. When you do this, the law sees the problem as an “employment relationship problem.” This means it’s a issue between you and your employer that needs to be sorted out.

Remember, these rules are there to help you if you think your employer isn’t following the law about flexible working arrangements. You have the right to speak up and get help to fix the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6808512.

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30G: Role of Labour Inspector, or

“Labour Inspectors help with parental leave problems at work”

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30I: Application to Employment Relations Authority, or

“How to get help if your employer doesn't allow flexible work”

Part 3A Primary carers not eligible for primary carer leave may request negotiated carer leave
Resolving disputes

30HLabour Inspectors and mediation

  1. This section applies if an employee believes that his or her employer has not complied with section 30D.

  2. The employee may refer the non-compliance with section 30D—

  3. directly to mediation; or
    1. to a Labour Inspector, who must, to the extent practicable in the circumstances, assist the employee and employer to resolve the matter.

      1. If, after completion of the process under subsection (2)(b), the employee is dissatisfied with the result, the employee may refer the matter to mediation.

      2. For the purposes of subsection (3), non-compliance with section 30D is an employment relationship problem.

      Notes
      • Section 30H: inserted, on , by section 34 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).