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:

"Getting in trouble for stopping union reps from doing their job at work"

If you do certain things without a good reason, you might get a penalty from the Authority. You could get a penalty if you unreasonably stop a union representative from entering a workplace, as stated in section 20A(2)(a), when they have asked to enter under section 20A(1). You might also get a penalty if you do not give written reasons for stopping them, as required by section 20A(3).

You could get a penalty if you refuse to let a union representative enter a workplace when they are allowed to, or if you get in their way when they are trying to do their job. You might also get a penalty if you deliberately do not follow section 21.

If you do any of these things, the Authority can give you a penalty.

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"Getting a special exemption certificate because of your religious beliefs"


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26: Union meetings, or

"Time off work to attend union meetings"

Part 4Recognition 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).