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Human Rights Act 1993

Resolution of disputes about compliance with Part 1A and Part 2

79A: Choice of procedures

You could also call this:

"Picking which law to use if you have a work problem"

Illustration for Human Rights Act 1993

If you have a problem at work that is also a breach of the Human Rights Act, you can choose to make a complaint under the Human Rights Act or apply to the Employment Relations Authority under the Employment Relations Act 2000. You can only choose one of these options. The problem might be about sexual harassment or racial harassment. If you make a complaint under the Human Rights Act, you cannot use the Employment Relations Act 2000 for the same problem. If you apply to the Employment Relations Authority, you cannot use the Human Rights Act for the same problem. You make a complaint when you or the Human Rights Commission start the process. If you choose to make a complaint under the Human Rights Act, you give up your right to use the Employment Relations Act 2000 for the same issue. If you choose to apply to the Employment Relations Authority, you give up your right to use the Human Rights Act for the same issue. The Employment Relations Act 2000 is a law that helps resolve work problems, and you can find more information about it on the Employment Relations Act 2000 webpage.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304687.

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Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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Part 3Resolution of disputes about compliance with Part 1A and Part 2

79AChoice of procedures

  1. If the circumstances giving rise to a complaint under Part 2 are such that an employee would also be entitled to pursue a personal grievance under the Employment Relations Act 2000, the employee may take one, but not both, of the following steps:

  2. the employee may make in relation to those circumstances a complaint under this Act:
    1. the employee may, if the grievance is not otherwise resolved, apply to the Employment Relations Authority for the resolution of the grievance under the Employment Relations Act 2000.

      1. To avoid doubt, a complaint referred to in subsection (1) includes, but is not limited to, a complaint about sexual harassment or racial harassment.

      2. For the purposes of subsection (1)(a), an employee makes a complaint when proceedings about that complaint are commenced by the complainant or the Commission.

      3. If an employee makes a complaint under subsection (1)(a), the employee may not exercise or continue to exercise any rights relating to the subject matter of the complaint that the employee may have under the Employment Relations Act 2000.

      4. If an employee applies to the Employment Relations Authority for a resolution of the grievance under subsection (1)(b), the employee may not exercise or continue to exercise any rights relating to the subject matter of the grievance that the employee may have under this Act.

      Notes
      • Section 79A: inserted, on , by section 4 of the Human Rights Amendment Act 2004 (2004 No 88).