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106: Exceptions in relation to discrimination
or “Rules about when it's okay to treat workers differently because of who they are”
You could also call this:

“Explanation of what counts as being involved with unions or being a union member when looking at unfair treatment at work”

If you’re involved in union activities, it means that in the last 18 months before something you’re complaining about happened, you:

Were an officer or on the management committee of a union, or represented a union in some way.

Helped negotiate for workers in collective bargaining.

Took part in a legal strike.

Helped start a union or tried to start one.

Made a claim for benefits in an employment agreement for yourself or someone else, or supported such a claim.

Raised a personal grievance with your employer.

Applied for, were given, or took employment relations education leave.

Acted as a representative for other workers when dealing with your employer about their jobs.

Your union membership status means that in the last 18 months before something you’re complaining about happened, you:

Were a member of a union.

Wanted to join a union.

These definitions are used in section 104 of the law when looking at personal grievances related to union activities or membership.

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or “Unwanted sexual behaviour at work that makes you feel uncomfortable or affects your job”
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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).