Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

110: Duress

You could also call this:

"Being forced to join or leave a union at work"

You are subject to duress at work if your employer or someone representing them makes you feel forced to join or leave a union. This can happen if they make being in a union a condition of keeping your job. They might also try to influence you by offering or taking away benefits, or by threatening to treat you unfairly.

If your employer tries to force you to join or leave a union, it is considered duress. They might try to make you feel like you have to join a union to keep your job, or that you will be treated badly if you do not join. They could also try to stop you from representing other employees or from helping to start a union.

When the law talks about an employees organisation, it means a group of employees who work together to look out for each other's interests at work. This group does not have to be officially registered, and it can be called anything. You can find more information about this in section 103(1)(f).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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 rightsRights and equality > Anti-discrimination

Part 9Personal 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