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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're safe from losing your job if you have to leave work to follow special instructions."

Illustration for Maritime Transport Act 1994

You are protected if you have to leave your job to follow instructions under section 305. You can't be fired just because you were away from work. Your employer doesn't have to pay you for the time you were away, even if they agreed to your absence. You are still protected even if your employer didn't agree to your absence. This means you won't lose your job just because you had to follow those instructions. Your pay might be affected, but your job should be safe. If you are away from work to follow instructions under section 305, your employer doesn't have to pay you. This is the case even if you are doing important work. You are protected from losing your job, but not from losing pay.

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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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Topics:
Work and jobs > Worker rights

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