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Employment Relations Act 2000

General provisions - Improvement notices

223D: Labour Inspector may issue improvement notice

You could also call this:

"A Labour Inspector can give you a notice to fix a problem if you're not following the law at work."

If you are an employer, a Labour Inspector can give you an improvement notice if they think you are not following a law. The Labour Inspector must have good reasons for thinking this. The improvement notice will tell you what law you are not following and why the Labour Inspector thinks this. It will also tell you what you need to do to follow the law and by when.

The improvement notice might also say how your employees have been affected by you not following the law. You will get the improvement notice either by having it given to you or by having it left with you if you do not want to take it.

The Labour Inspector cannot give you an improvement notice between 17 December and 8 January. If you do not follow the improvement notice, the Authority can make you follow it by using a compliance order under section 137.

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"The law says the government can make sure promises made by employers are kept, and there are consequences if they don't."

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223E: Objection to improvement notice, or

"You can tell the Authority if you don't agree with a notice telling you to fix something at work."

Part 11General provisions
Improvement notices

223DLabour Inspector may issue improvement notice

  1. A Labour Inspector who believes on reasonable grounds that any employer is failing, or has failed, to comply with any provision of the relevant Acts may issue the employer with an improvement notice that requires the employer to comply with the provision.

  2. An improvement notice issued under subsection (1) must state—

  3. the provision that the Labour Inspector reasonably believes that the employer is failing, or has failed, to comply with; and
    1. the Labour Inspector's reasons for believing that the employer is failing, or has failed, to comply with the provision; and
      1. the nature and extent of the employer's failure to comply with the provision; and
        1. the steps that the employer could take to comply with the provision; and
          1. the date before which the employer must comply with the provision.

            1. An improvement notice may state the nature and extent of any loss suffered by any employee as a result of the employer's failure to comply with the provision (if applicable).

            2. An improvement notice may be issued—

            3. by giving it to the employer concerned; or
              1. if the employer does not accept the improvement notice, by leaving it in the employer’s presence and drawing the employer’s attention to it.

                1. An improvement notice may not be issued in the period commencing on 17 December and ending with the close of 8 January in the following year.

                2. An improvement notice may be enforced by the making by the Authority of a compliance order under section 137.

                Notes
                • Section 223D: inserted, on , by section 37 of the Employment Relations Amendment Act 2010 (2010 No 125).