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Employment Relations Act 2000

General provisions - Enforceable undertakings

223C: Enforcement of undertakings

You could also call this:

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

If you make a promise to follow certain rules at work, called an enforceable undertaking, there are ways to make sure you keep that promise. If you don’t follow the rules you agreed to, here’s what can happen:

The Employment Relations Authority can make you follow the rules by giving an order called a compliance order. This is explained in section 137 of the law.

If you’re an employer and you don’t follow the rules you promised to follow, a Labour Inspector can take action against you. The Authority might make you pay a penalty (which is like a fine) for not following the rules.

If your promise was about paying money, and you don’t pay it, it can be treated like an order that must be followed. The way to make you pay is explained in section 141 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3641391.

Topics:
Work and jobs > Worker rights
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223B: Enforceable undertakings, or

“A promise made by an employer to fix problems or pay money owed, which can be enforced by law.”

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223D: Labour Inspector may issue improvement notice, or

“A special worker helper can tell bosses to fix problems if they're not following the rules.”

Part 11 General provisions
Enforceable undertakings

223CEnforcement of undertakings

  1. An enforceable undertaking may be enforced by the Authority making a compliance order under section 137.

  2. An employer who fails to comply with an enforceable undertaking that remains in force is liable, in an action brought by a Labour Inspector, to a penalty imposed by the Authority.

  3. If the enforceable undertaking relates to a monetary settlement, the enforceable undertaking may be enforced by using, as if the undertaking were an order enforceable under section 141, the procedure applicable under section 141.

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