Employment Relations Act 2000

Flexible working - Resolving disputes

69AAI: Application to Authority

You could also call this:

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

If you think your employer hasn’t followed section 69AAE and talking it out (mediation) didn’t solve the problem, you can ask for help. You can go to a group called the Authority and ask them to check if your employer did the right thing.

You need to ask the Authority within 12 months of a specific date. This date depends on how your employer responded to your request. If your employer said no within 1 month of getting your request, the date is when they told you no. If your employer didn’t respond within 1 month, the date is 1 month after they got your request.

Remember, you can only do this if you’ve already tried to solve the problem through mediation first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1398221.

Topics:
Work and jobs > Worker rights
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Part 6AA Flexible working
Resolving disputes

69AAIApplication to Authority

  1. This section applies if—

  2. an employee believes that his or her employer has not complied with section 69AAE; and
    1. mediation has not resolved the matter.
      1. The employee may apply to the Authority for a determination as to whether the employer has complied with section 69AAE.

      2. An application under subsection (2) must be made within 12 months after the relevant date.

      3. Repealed
      4. In subsection (3), relevant date means,—

      5. if the employer notifies a refusal within 1 month after receiving a request, the date on which the employer notifies the employee of the employer's refusal:
        1. in any other case, the date 1 month after the employer received the employee's request.
          Notes
          • Section 69AAI: inserted, on , by section 5 of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007 (2007 No 105).
          • Section 69AAI(4): repealed, on , by section 29(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
          • Section 69AAI(5)(a): amended, on , by section 29(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
          • Section 69AAI(5)(b): amended, on , by section 29(2) of the Employment Relations Amendment Act 2014 (2014 No 61).