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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

107: Definition of union membership status or involvement in union activities for purposes of section 104

You could also call this:

“What it means to be involved with a union when making a complaint at work”

When you are dealing with a personal grievance, you need to understand what “involvement in union activities” means. For the purposes of section 104, this means you did certain things in the 18 months before something happened that you are complaining about. You might have been an officer of a union, acted as a negotiator, or participated in a strike.

You might have been involved in forming a union, made a claim for a benefit, or supported someone else’s claim. You might have submitted a personal grievance, taken employment relations education leave, or been a delegate for other employees. All these things are considered “involvement in union activities” for the purposes of section 104.

You also need to understand what “union membership status” means. For the purposes of section 104, this means you were a member of a union or intended to join one in the 18 months before something happened that you are complaining about. This is important to know when you are dealing with a personal grievance.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60337.

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

Part 9 Personal grievances, disputes, and enforcement
Personal grievances

107Definition of union membership status or involvement in union activities for purposes of section 104

  1. For the purposes of section 104, involvement in union activities means that, within the 18 months before the action complained of, the employee—

  2. was an officer of a union or part of a union, or was a member of the committee of management of a union or part of a union, or was otherwise an official or representative of a union or part of a union; or
    1. had acted as a negotiator or representative of employees in collective bargaining; or
      1. had participated in a strike lawfully; or
        1. was involved in the formation or the proposed formation of a union; or
          1. had made or caused to be made a claim for some benefit of an employment agreement either for that employee or any other employee, or had supported any such claim, whether by giving evidence or otherwise; or
            1. had submitted another personal grievance to that employee's employer; or
              1. had been allocated, had applied to take, or had taken any employment relations education leave under this Act; or
                1. was a delegate of other employees in dealing with the employer on matters relating to the employment of those employees.

                  1. For the purposes of section 104, union membership status means that, within the 18 months before the action complained of, the employee—

                  2. was a member of a union; or
                    1. intended to join a union.

                      1. Repealed
                      Compare
                      • 1991 No 22 s 28(2)
                      Notes
                      • Section 107 heading: amended, on , by section 33(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                      • Section 107(1): amended, on , by section 33(2) of the Employment Relations Amendment Act 2018 (2018 No 53).
                      • Section 107(1)(ba): inserted, on , by section 40 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                      • Section 107(2): inserted, on , by section 33(3) of the Employment Relations Amendment Act 2018 (2018 No 53).
                      • Section 107(2): repealed, on , by section 7 of the Employment Relations Amendment Act 2015 (2015 No 73).