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Employment Relations Act 2000

Individual employees' terms and conditions of employment - Unfair bargaining

69: Remedies for unfair bargaining

You could also call this:

“What the court can do if someone wasn't fair when making a work agreement”

If someone finds out that you were treated unfairly when making an employment agreement, there are ways to fix it. The Employment Relations Authority can help you. They might tell the unfair person to pay you some money to make up for what happened. They could also cancel or change the agreement you made. The Authority can even do other things they think are right to help fix the situation.

Before the Authority can cancel or change your agreement, they need to follow some special rules. These rules are explained in another part of the law called section 164. The Authority has to follow these rules, but they might change them a bit to fit your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59171.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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68: Unfair bargaining for individual employment agreements, or

“This law protects workers from being tricked or pressured into unfair work agreements when they might not fully understand what they're agreeing to.”

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69AA: Object of this Part, or

“This part explains how workers can ask to change their work setup and how bosses should handle these requests.”

Part 6 Individual employees' terms and conditions of employment
Unfair bargaining

69Remedies for unfair bargaining

  1. If a party to an individual employment agreement is found to have bargained unfairly under section 68, the Authority may do 1 or more of the following things:

  2. make an order that the party pay to the other party such sum, by way of compensation, as the Authority thinks fit:
    1. make an order cancelling or varying the agreement:
      1. make such other order as it thinks fit in the circumstances.

        1. The Authority must not make an order under subsection (1)(b) unless the requirements in section 164 have been met, and that section applies accordingly with all necessary modifications.