Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Freedom of association

11: Undue influence

You could also call this:

“You can't force someone to join or leave a union, or stop them from helping other workers.”

You must not try to unfairly pressure someone to join, stay in, leave, or not join a union. This is called ‘undue influence’. You also can’t pressure someone who speaks for workers to stop doing so or to not start doing it. It’s not okay to make someone quit their job because they are or aren’t in a union.

If you do any of these things, you’re breaking the law. The Employment Relations Authority can give you a penalty if you break this rule.

Remember, everyone has the right to choose freely about joining or leaving a union without feeling forced.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58630.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
Previous

10: Contracts, agreements, or other arrangements inconsistent with section 8 or section 9, or

“Rules that go against your right to join or not join a union won't work”

Next

12: Object of this Part, or

“This part explains how unions are recognised, registered, and allowed to help workers at their jobs.”

Part 3 Freedom of association

11Undue influence

  1. A person must not exert undue influence, directly or indirectly, on another person with the intention of inducing the other person—

  2. to become or remain a member of a union or a particular union; or
    1. to cease to be a member of a union or a particular union; or
      1. not to become a member of a union or a particular union; or
        1. in the case of an individual who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or
          1. to resign from or leave any employment on account of the fact that the other person is or, as the case may be, is not a member of a union or of a particular union.

            1. Every person who contravenes subsection (1) is liable to a penalty under this Act imposed by the Authority.

            Compare
            • 1991 No 22 s 8