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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

110: Duress

You could also call this:

“Forcing workers to join or leave unions through pressure, threats, or rewards is not allowed.”

You are subject to duress in your job regarding union or employee organisation membership if your employer or someone representing them does certain things. They might tell you that you have to join or not join a union to keep your job. They might also try to unfairly influence you about union membership.

Your employer isn’t allowed to offer you rewards or threaten to take away benefits to make you join or leave a union. They can’t pressure you to stop being a union representative or to quit your job because of your union status. They also can’t force you to help start a union or stop you from doing so.

An employee organisation is any group of employees that works to improve their job conditions. It doesn’t have to be an official union. It can be any type of group, whether it’s officially registered or not.

If your employer does any of these things, it’s considered duress under section 103(1)(f) of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60342.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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Part 9 Personal grievances, disputes, and enforcement
Personal grievances

110Duress

  1. For the purposes of section 103(1)(f), an employee is subject to duress in that employee's employment in relation to membership or non-membership of a union or employees organisation if that employee's employer or a representative of that employer directly or indirectly—

  2. makes membership of a union or employees organisation or of a particular union or employees organisation a condition to be fulfilled if that employee wishes to retain that employee's employment; or
    1. makes non-membership of a union or employees organisation or of a particular union or employees organisation a condition to be fulfilled if that employee wishes to retain that employee's employment; or
      1. exerts undue influence on that employee, or offers, or threatens to withhold or does withhold, any incentive or advantage to or from that employee, or threatens to or does impose any disadvantage on that employee, with intent to induce that employee—
        1. to become or remain a member of a union or employees organisation or a particular union or employees organisation; or
          1. to cease to be a member of a union or employees organisation or a particular union or employees organisation; or
            1. not to become a member of a union or employees organisation or a particular union or employees organisation; or
              1. in the case of an employee who is authorised to act on behalf of employees, not to act on their behalf or to cease to act on their behalf; or
                1. on account of the fact that the employee is, or, as the case may be, is not, a member of a union or employees organisation or of a particular union or employees organisation, to resign from or leave any employment; or
                  1. to participate in the formation of a union or employees organisation; or
                    1. not to participate in the formation of a union or employees organisation.

                    2. In this section and in section 103(1)(f), employees organisation means any group, society, association, or other collection of employees other than a union, however described and whether incorporated or not, that exists in whole or in part to further the employment interests of the employees belonging to it.

                    Compare
                    • 1991 No 22 s 30