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Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Marine oil spill responses

309: Absence from duty not to affect employment rights

You could also call this:

"You can't be fired for following certain rules, even if you're not at work."

If you are away from your job because you are following instructions under section 305, you cannot be fired just because you are away. This is true even if your employer did not agree to you being away. You are protected from being dismissed, but this does not mean your employer has to pay you for the time you are away. Your employer does not have to pay you for the time you spend following those instructions under section 305.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337693.

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308: Compensation for loss or damage to personal property, or

"Helping with an oil spill: getting paid back for lost or damaged things"

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310: Minister’s power of direction, or

"The Minister can tell people what to do in a marine oil spill emergency"

Part 23Plans and responses to protect marine environment from marine oil spills
Marine oil spill responses

309Absence from duty not to affect employment rights

  1. No person who is absent from his or her usual employment as a result of carrying out any instructions or directions under section 305 shall be liable to dismissal from his or her employment by reason only of such absence, whether or not the employer has consented to such absence.

  2. Nothing in this section shall impose on the employer of any person any obligation to pay any remuneration in respect of any period of absence in carrying out any instructions or directions under section 305.

Compare
  • 1983 No 46 s 74