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Employment Relations Act 2000

Recognition and operation of unions - Access to workplaces

25: Penalty for certain acts in relation to entering workplace

You could also call this:

“You can get in trouble if you stop union representatives from coming into your workplace without a good reason.”

You can be fined by the Employment Relations Authority if you do certain things without a good reason. These things include:

If you’re an employer, you can’t say no to a union representative who asks to come into your workplace without a fair reason. If you do say no, you need to explain why in writing.

You’re not allowed to stop a union representative from coming into your workplace when they have the right to be there.

You can’t get in the way of a union representative when they’re trying to enter your workplace or when they’re doing what they need to do once they’re inside.

You must follow the rules about what union representatives can do in your workplace, as explained in section 21.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58650.

Topics:
Work and jobs > Worker rights
Business > Fair trading
Rights and equality > Anti-discrimination
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24: Issue of certificate of exemption, or

“A special paper can be given to some bosses who can't join groups because of their religious beliefs.”

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26: Union meetings, or

“The law says workers can go to special meetings to talk about their jobs and rights.”

Part 4 Recognition and operation of unions
Access to workplaces

25Penalty for certain acts in relation to entering workplace

  1. Every person is liable to a penalty, imposed by the Authority, who, without lawful excuse,—

  2. contravenes section 20A(2)(a) by unreasonably withholding consent in relation to a request by a representative of a union under section 20A(1) to enter a workplace; or
    1. fails to give reasons in writing for withholding consent to access to a workplace in accordance with section 20A(3); or
      1. refuses to permit a representative of a union who is entitled to enter a workplace to enter the workplace; or
        1. obstructs a representative of a union in entering a workplace or in doing anything reasonably necessary for or incidental to the purpose for entering the workplace; or
          1. wilfully fails to comply with section 21.

            Compare
            • 1991 No 22 s 14(5)
            Notes
            • Section 25(a): substituted, on , by section 8 of the Employment Relations Amendment Act 2010 (2010 No 125).
            • Section 25(ab): inserted, on , by section 8 of the Employment Relations Amendment Act 2010 (2010 No 125).
            • Section 25(ac): inserted, on , by section 10 of the Employment Relations Amendment Act 2018 (2018 No 53).