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Employment Relations Act 2000

Flexible working - Resolving disputes

69AAH: Labour Inspectors and mediation

You could also call this:

“People who help workers and bosses fix problems when they can't agree about flexible work”

If you think your employer hasn’t followed the rules about flexible working arrangements in [section 69AAE], you can take some steps to fix the problem.

First, you can talk to a Labour Inspector about it. The Labour Inspector will try to help you and your employer sort out the issue together.

If you’re not happy with how things turned out after talking to the Labour Inspector, you can ask for mediation. Mediation is when someone helps you and your employer talk through your problems and find a solution.

It’s important to know that if your employer doesn’t follow the rules in [section 69AAE], it’s considered an employment relationship problem. This means you have the right to seek help to resolve it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1398220.

Topics:
Work and jobs > Worker rights
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69AAG: Role of Labour Inspector, or

“A Labour Inspector can help workers and bosses with flexible work problems.”

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69AAI: Application to Authority, or

“You can ask a special group to help if your boss doesn't follow the rules about changing how you work.”

Part 6AA Flexible working
Resolving disputes

69AAHLabour Inspectors and mediation

  1. This section applies if an employee believes that his or her employer has not complied with section 69AAE.

  2. The employee may refer the non-compliance with section 69AAE to a Labour Inspector who must, to the extent practicable in the circumstances, assist the employee and employer to resolve the matter.

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

  4. For the purposes of subsection (3), non-compliance with section 69AAE is an employment relationship problem.

Notes
  • Section 69AAH: inserted, on , by section 5 of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007 (2007 No 105).