Home
Acts
Employment Relations Act 2000
Personal grievances, disputes, and enforcement
Personal grievances
122: Nature of personal grievance may be found to be of different type from that alleged

Part 1:
Key provisions

Good faith employment relations

4Parties to employment relationship to deal with each other in good faith 4APenalty for certain breaches of duty of good faith

Records relating to minimum entitlement provisions

4BEmployer’s general obligation to keep records relating to minimum entitlement provisions

Part 2:
Preliminary provisions

Interpretation

5Interpretation 5AProvisions affecting application of amendments to this Act 6Meaning of employee 6AStatus of examples

Part 3:
Freedom of association

7Object of this Part 8Voluntary membership of unions 9Prohibition on preference 10Contracts, agreements, or other arrangements inconsistent with section 8 or section 9 11Undue influence

Part 4:
Recognition and operation of unions

12Object of this Part

Part 5:
Collective bargaining

31Object of this Part

Good faith

32Good faith in bargaining for collective agreement 33Duty of good faith requires parties to conclude collective agreement unless genuine reason not to 34Providing information in bargaining for collective agreement

Codes of good faith

35Codes of good faith 36Appointment of committee to recommend codes of good faith 37Minister may approve code of good faith not recommended by committee 38Amendment and revocation of code of good faith 39Authority or court may have regard to code of good faith

Bargaining

40Who may initiate bargaining 41When bargaining may be initiated 42How bargaining initiated 43Employees' attention to be drawn to initiation of bargaining 44When bargaining initiated 44AEmployer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers 44BHow to opt out 44CEffect of opting out 45One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement 46Terms of question for secret ballot 47When secret ballots required after employer initiates bargaining for single collective agreement 48When requirement for secret ballot does not apply 49Parties joining bargaining after it begins 50Consolidation of bargaining

Facilitating bargaining

50APurpose of facilitating collective bargaining 50BReference to Authority 50CGrounds on which Authority may accept reference 50DLimitation on which member of Authority may provide facilitation 50EProcess of facilitation 50FStatements made by parties during facilitation 50GProposals made or positions reached during facilitation 50HRecommendation by Authority 50IParty must deal with Authority in good faith

Determining collective agreement if breach of duty of good faith

50JRemedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining

Authority may determine that bargaining has concluded

50KAuthority may determine that bargaining has concluded 50KADeclaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration

Collective agreements

Undermining collective bargaining or collective agreement

59AInterpretation 59BBreach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement 59CBreach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement

Part 6:
Individual employees' terms and conditions of employment

60Object of this Part

Good faith

60AGood faith in bargaining for individual employment agreement

Terms and conditions of employment if work covered by collective agreement

61Employee bound by applicable collective agreement may agree to additional terms and conditions of employment 62Terms and conditions for first 30 days of employment of new employee who is not member of union 62AEmployer must share new employee information with union unless employee objects 63Terms and conditions of employment of employee who is not member of union after expiry of 30-day period 63Terms and conditions of employment of new employee who is not member of union

Bargaining

63ABargaining for individual employment agreement or individual terms and conditions in employment agreement 63BAdditional employer obligations when bargaining for terms and conditions of employment under section 62

Individual employment agreements

64Employer must retain copy of individual employment agreement or individual terms and conditions of employment 65Form and content of individual employment agreement

Specific terms and conditions of employment

65ADeduction of union fees 66Fixed term employment 67Probationary arrangements 67AEmployment agreement may contain provision for trial period for 90 days or less 67BEffect of trial provision under section 67A 67CAgreed hours of work 67DAvailability provision 67EEmployee may refuse to perform certain work 67FEmployee not to be treated adversely because of refusal to perform certain work 67GCancellation of shifts 67HSecondary employment provisions

Unfair bargaining

68Unfair bargaining for individual employment agreements 69Remedies for unfair bargaining

Part 6AA:
Flexible working

69AAObject of this Part 69AAAInterpretation

Employee's statutory right to make request

69AABWhen employee may make request 69AACRequirements relating to request 69AADLimitation on frequency of requests

Duties of employer

69AAEEmployer must notify decision as soon as possible 69AAFGrounds for refusal of request by employer

Resolving disputes

69AAGRole of Labour Inspector 69AAHLabour Inspectors and mediation 69AAIApplication to Authority 69AAJPenalty 69AAKLimitation on challenging employer

Review of Part

69AALReview of operation of Part after 2 years

Part 6AB:
Flexible working short-term for people affected by family violence

69ABObject of this Part 69ABAInterpretation

Employee’s statutory right to make request

69ABBWhen and why employee may make request 69ABCRequirements relating to request

Duties of employer

69ABEEmployer must notify decision as soon as possible 69ABEAProof of family violence 69ABFGrounds for refusal of request by employer

Resolving disputes

69ABGEmployee has choice of procedure at initial stage 69ABHMediation after initial reference to Labour Inspector 69ABIApplication to Authority after initial or later reference to mediation 69ABJPenalty 69ABKLimitation on challenging employer

Part 6A:
Continuity of employment if employees' work affected by restructuring

Specified categories of employees

69AObject of this subpart 69BInterpretation 69CMeaning of contracting in, contracting out, and subsequent contracting 69CAExempt employer 69CBWarranty 69CCPersons warranty to be provided to 69CDProvision of information for purposes of giving warranty 69CEWhen warranty must be provided 69DMeaning of new employer 69DAAssociated person 69EExamples of contracting in, contracting out, and subsequent contracting 69FApplication of this subpart 69FAEmployer's breach of obligations not to affect employee's rights and new employer's obligations 69GNotice of right to make election 69HEmployee bargaining for alternative arrangements 69IEmployee may elect to transfer to new employer 69JEmployment of employee who elects to transfer to new employer treated as continuous 69KTerms and conditions of employment of transferring employee under fixed term employment 69LAgreements excluding entitlements for technical redundancy not affected 69LALiability for costs of service-related entitlements of transferring employee 69LBResolving disputes about apportioning liability for costs of service-related entitlements 69LCImplied warranty by employer of transferring employees 69MNew employer becomes party to collective agreement that binds employee electing to transfer 69NEmployee who transfers may bargain for redundancy entitlements with new employer 69OAuthority may investigate bargaining and determine redundancy entitlements 69OAAFalse warranty: exempt employer

Disclosure of information relating to transfer of employees

69OAObject of this subpart 69OBInterpretation 69OCDisclosure of employee transfer costs information 69ODProvision of employee transfer costs information by other persons 69OEUpdating disclosure of employee transfer costs information 69OEADisclosure of individualised employee information 69OFEmployer who is subject to Official Information Act 1982 69OGSubpart prevails over agreement

Other employees

69OHObject of this subpart 69OIInterpretation 69OJCollective agreements and individual employment agreements must contain employee protection provision 69OKAffected employee may choose whether to transfer to new employer

Review of Part

69OLReview of operation of Part after 3 years

Part 6B:
Bargaining fees

69PInterpretation 69QBargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot 69REmployer to notify employees if bargaining fee clause agreed to 69SWhich employees bargaining fee clause applies to 69TBargaining fee clause binding on employer and employee 69UAmount of bargaining fee 69VExpiry of bargaining fee clause 69WValidity of bargaining fee clause

Part 6C:
Breastfeeding facilities and breaks

69XInterpretation 69YEmployer's obligation 69ZBreastfeeding breaks additional to breaks under Part 6D 69ZACode of employment practice relating to employer's obligation 69ZBPenalty

Part 6D:
Rest breaks and meal breaks

69ZCInterpretation 69ZDEmployee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks 69ZETiming of rest breaks and meal breaks 69ZEAExemption from requirement to provide rest breaks and meal breaks 69ZEBCompensatory measures 69ZFPenalty 69ZGRelationship between Part and employment agreements 69ZHRelationship between this Part and other enactments

Part 7:
Employment relations education leave

Part 8:
Strikes and lockouts

80Object of this Part

Interpretation

81Meaning of strike 82Meaning of lockout 82AAMeaning of partial strike and specified pay deduction

Lawfulness of strikes and lockouts

82ARequirement for union to hold secret ballot before strike 82BTerms of question for secret ballot 82CWhen requirement for secret ballot does not apply 83Lawful strikes and lockouts related to collective bargaining 84Lawful strikes and lockouts on grounds of safety or health 85Effect of lawful strike or lockout 86Unlawful strikes or lockouts

Notice of strike or lockout

86ANotice of strike 86BNotice of lockout

Suspension of employees during strikes

87Suspension of striking employees 88Suspension of non-striking employees where work not available during strike 89Basis of suspension

Essential services

90Strikes in essential services 91Lockouts in essential services 92Chief executive to ensure mediation services provided

Procedure to provide public with notice before strike or lockout in certain passenger transport services

93Procedure to provide public with notice before strike in certain passenger transport services 94Procedure to provide public with notice before lockout in certain passenger transport services 95Penalty for breach of section 93(4) or 94(4)

Withdrawal of notice of strike or lockout

95AAWithdrawal of notice of strike or lockout

Specified pay deductions in relation to partial strike

95AEmployer may make specified pay deductions in relation to partial strike 95BNotice of specified pay deduction 95CCalculation of specified pay deduction 95DRelationship between specified pay deduction and minimum wage

Rights of union in relation to specified pay deductions

95EUnion may request information about application or calculation of specified pay deduction 95FEmployer must respond to request for information about application or calculation of specified pay deduction 95GResolution of problem relating to specified pay deduction

Interpretation

95AMeaning of partial strike and specified pay deduction

Specified pay deductions in relation to partial strike

95BEmployer may make specified pay deductions in relation to partial strike 95CNotice of specified pay deduction 95DCalculation of specified pay deduction 95ERelationship between specified pay deduction and minimum wage

Rights of union in relation to specified pay deductions

95FUnion may request information about specified pay deduction 95GEmployer must respond to request for information about specified pay deduction 95HResolution of problem relating to specified pay deduction

Employer's liability for wages during lockout

96Employer not liable for wages during lockout

Performance of duties of striking or locked out employees

97Performance of duties of striking or locked out employees

Record of strikes and lockouts

98Record of strikes and lockouts

Jurisdiction of Employment Court

99Jurisdiction of court in relation to torts 100Jurisdiction of court in relation to injunctions

Part 8A:
Codes of employment practice and code of good faith for public health sector

Codes of employment practice

100ACodes of employment practice 100BAmendment and revocation of code of practice 100CAuthority or court may have regard to code of employment practice

Code of good faith for public health sector

100DCode of good faith for public health sector 100EAmendments to or replacement of code of good faith for public health sector 100FCode of good faith for employment relationships in relation to provision of services by New Zealand Police 100GAmendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police

Part 9:
Personal grievances, disputes, and enforcement

Object

101Object of this Part

Personal grievances

102Employee may pursue personal grievance under this Act 103Personal grievance 103ATest of justification 103BJoining controlling third party to personal grievance 104Discrimination 105Prohibited grounds of discrimination for purposes of section 104 106Exceptions in relation to discrimination 107Definition of union membership status or involvement in union activities for purposes of section 104 108Sexual harassment 108AAdverse treatment in employment of people affected by family violence 109Racial harassment 110Duress 110AAdverse conduct for prohibited health and safety reason 110BRetaliation against whistleblower 111Definitions relating to personal grievances 112Choice of procedures 113Personal grievance provisions only way to challenge dismissal 114Raising personal grievance 115Further provision regarding exceptional circumstances under section 114 115ANotifying controlling third party of personal grievance 116Special provision where sexual harassment alleged 117Sexual or racial harassment by person other than employer 118Sexual or racial harassment after steps not taken to prevent repetition 119Presumption in discrimination cases 120Statement of reasons for dismissal 121Statements privileged 122Nature of personal grievance may be found to be of different type from that alleged

Remedies in relation to personal grievances

123Remedies 123ARemedies where controlling third party caused or contributed to personal grievance 124Remedy reduced if contributing behaviour by employee 125Reinstatement to be primary remedy 126Provisions applying if reinstatement ordered 127Authority may order interim reinstatement 128Reimbursement

Disputes

129Person bound by, or party to, employment agreement may pursue dispute under this Act

Recovery of wages

130Wages and time record 131Arrears 132Failure to keep or produce records

Penalties

133Jurisdiction concerning penalties 133AMatters Authority and court to have regard to in determining amount of penalty 134Penalties for breach of employment agreement 134APenalty for obstructing or delaying Authority investigation 135Recovery of penalties 135AChief executive or Labour Inspector may enforce payment of penalty 136Application of penalties recovered

Compliance orders

137Power of Authority to order compliance 138Further provisions relating to compliance order by Authority 139Power of court to order compliance 140Further provisions relating to compliance order by court 140AASanctions for breaches without compliance order 140ACompliance order in relation to disclosure of employee transfer costs information and individualised employee information

Enforcement of order

141Enforcement of order

Limitation period for actions other than personal grievances

142Limitation period for actions other than personal grievances

Part 9A:
Additional provisions relating to enforcement of employment standards

142AObject of this Part

Declarations of breach

142BCourt may make declarations of breach 142CPurpose and effect of declarations of breach 142DWhat declaration of breach must state

Pecuniary penalty orders

142EPecuniary penalty orders 142FMatters court to have regard to in determining amount of pecuniary penalty 142GMaximum amount of pecuniary penalty 142HChief executive or Labour Inspector may enforce payment of pecuniary penalty 142ILimitation period for actions for pecuniary penalty orders

Compensation orders

142JCourt may make compensation orders 142KApplication of section 132 of this Act and section 83 of Holidays Act 2003 142LTerms of compensation orders

Banning orders

142MBanning orders 142NTerms of banning order 142ODuration of banning order 142PVariation of banning order 142QGeneral provisions for banning orders 142ROffence to breach banning order

Standard of proof

142SStandard of proof

Interrelationship of orders

142TMore than one kind of order may be made for same breach 142UNo pecuniary penalty and criminal sanction or other penalty for same conduct

Insurance against pecuniary penalties unlawful and of no effect

142VInsurance against pecuniary penalties unlawful

Liability of persons involved in breach, bodies corporate, and principals

142WInvolvement in breaches 142XPerson involved in breach liable to penalty 142YWhen person involved in breach liable for default in payment of wages or other money due to employee 142ZState of mind of directors, employees, or agents attributed to body corporate or other principal 142ZAConduct of directors, employees, or agents attributed to body corporate or other principal

Defences relating to breach of minimum entitlement provisions

142ZBProceedings in which defences apply 142ZCDefences for person in breach 142ZDDefences for person involved in breach

Part 10:
Institutions

143Object of this Part

Mediation services

144Mediation services 144ADispute resolution services 145Provision of mediation services 146Access to mediation services 147Procedure in relation to mediation services 148Confidentiality 148ACertain entitlements may be subject to mediation and agreed terms of settlement 149Settlements 149ARecommendation to parties 150Decision by authority of parties 150APayment on resolution of problem 151Enforcement of terms of settlement agreed or authorised 152Mediation services not to be questioned as being inappropriate 153Independence of mediation personnel 154Other mediation services 155Arbitration

Employment Relations Authority

156Employment Relations Authority 157Role of Authority 158Lodging of applications 159Duty of Authority to consider mediation 159AAWhen mediation in relation to breach of employment standards is appropriate 159ADuty of Authority to prioritise previously mediated matters 160Powers of Authority 161Jurisdiction 162Application of law relating to contracts 163Restriction on Authority's power in relation to collective agreements 164Application to individual employment agreements of law relating to contracts 165Other provisions relating to investigations of Authority 166Membership of Authority 166ARole of Chief of Authority 166BDelegation of Chief of Authority’s functions, duties, or powers 167Appointment of members 168Oath of office 169Term of office 170Vacation of office 171Salaries and allowances 172Temporary appointments 172AReports from Inspector-General of Intelligence and Security 173Procedure 173ARecommendation to parties 174Authority must give oral determination or oral indication of preliminary findings wherever practicable 174AOral determinations 174BOral indication of preliminary findings 174CAuthority may reserve determination 174DAuthority may determine matter without holding investigation meeting 174EContent of written determinations 175Seal of Authority 176Protection of members of Authority, etc 177Referral of question of law 178Removal to court generally 178AARemoval to court of proceeding involving national security information 178AChallenge in respect of dismissal of frivolous or vexatious proceedings 179Challenges to determinations of Authority 179ALimitation on challenges to certain determinations of Authority 179BLimitations on consideration by Employment Court of matters arising under Part 6AA or 6AB 179CLimitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987 180Election not to operate as stay 181Report in relation to good faith 182Hearings 183Decision 184Restriction on review 185Staff of Authority

Employment Court

186Employment Court 187Jurisdiction of court 188Role in relation to jurisdiction 188AWhen mediation in relation to breach of employment standards is appropriate 189Equity and good conscience 190Application of other provisions 191Other provisions relating to proceedings of court 192Application to collective agreements of law relating to contracts 193Proceedings not to be questioned 194Application for review 194AApplication for review by certain employees 195Non-attendance or refusal to co-operate 196Application of Contempt of Court Act 2019 197Constitution of court 198Registrar and officers of court 198ARegistrar may take affidavit 199Seal of court

Judges of the court

200Appointment of Judges 200AAJudge not to undertake other employment or hold other office 200ABProtocol relating to activities of Judges 200AJudges act on full-time basis but may be authorised to act part-time 201Seniority 202Senior Judge to act as Chief Judge in certain circumstances 203Judges to have immunities of High Court Judges 204Protection of Judges against removal from office 205Age of retirement 206Salaries and allowances of Judges 207Appointment of acting Judges 208Sittings 209Full court 210Quorum and decision of court 211Statement of case for Court of Appeal 212Court may make rules

Review of proceedings

213Review of proceedings before court

Appeals

214Appeals on question of law 214AAAppeals against decisions under Part 9A 214AAppeals to Supreme Court on question of law in exceptional circumstances 215Court of Appeal may refer appeals back for reconsideration

Special provision in respect of appeals

216Obligation to have regard to special jurisdiction of court

Other appeals

217Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court 218Appeal to Court of Appeal in respect of order on application for review

Miscellaneous provisions

219Validation of informal proceedings, etc 220Documents under seal and certain signatures to be judicially noticed 221Joinder, waiver, and extension of time 222Application of Official Information Act 1982 222AInformation regarding reserved judgments 222BRecusal guidelines 222CJudge may make order restricting commencement or continuation of proceeding 222DGrounds for making section 222C order 222ETerms of section 222C order 222FProcedure and appeals relating to section 222C orders

Part 11:
General provisions

Chief executive

223AAAFunctions of chief executive

Labour Inspectors

223Labour Inspectors 223AFunctions of Labour Inspector

Enforceable undertakings

223BEnforceable undertakings 223CEnforcement of undertakings

Improvement notices

223DLabour Inspector may issue improvement notice 223EObjection to improvement notice 223FPenalty 223GWithdrawal of improvement notice

Demand notices

224Demand notice 225Objections to demand notice 226Authority to determine objection 227Withdrawal of demand notice

Actions to recover wages or holiday pay, etc

228Actions by Labour Inspector

Powers

229Powers of Labour Inspectors 229AInvestigating question of employment 230Entry of dwellinghouses 231Entry warrant 232Compilation of wages and time record 233Obligations of Labour Inspectors 233AObligation of Labour Inspector and department not to disclose information 233BInformation sharing 234Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay 235Obstruction

Infringement offences

235AInterpretation 235BInfringement offences 235CWhen infringement notice may be issued 235DRevocation of infringement notice before payment made 235DAWhat infringement notice must contain 235DBHow infringement notice may be served 235DCReminder notices 235EInfringement fees 235EAInfringement fine 235FPayment of infringement fee 235GInfringement fee and penalty not payable for the same conduct

Representation

236Representation

Miscellaneous provisions

237Regulations 237AAChief executive may approve forms 237AAmendments to Schedule 1A 237AAmendments to Schedule 1A 237BRegulations providing for waiver, etc, of fees 237CPostponement of fees 237DReviews of decisions of Registrars concerning fees 238No contracting out 238AProvisions relating to COVID-19 vaccinations 239New Schedule 3 substituted in Police Act 1958 240Consequential amendments 241Repeals

Transitional provisions

242Enforcement of existing individual employment contracts 243Enforcement of existing collective employment contracts 244Existing collective employment contracts and collective bargaining 245Existing procedures in relation to disputes and personal grievances 246Expiration of existing collective employment contracts 247Existing proceedings 248Existing causes of action 249Employment Tribunal 250Exercise of powers of Employment Tribunal after 31 January 2001 251Exercise of powers of Authority before close of 31 January 2001 252Exercise by Authority of powers of Tribunal after 31 January 2001 253Existing appointments 254Application, savings, and transitional provisions relating to amendments to Act

Schedule 1AA:
Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013

Schedule 1:
Essential services

Schedule 1A:
Employees to whom subpart 1 of Part 6A applies

Schedule 1B:
Code of good faith for public health sector

Schedule 1C:
Code of good faith for employment relationships in relation to provision of services by Police

Schedule 2:
Provisions having effect in relation to Employment Relations Authority

Schedule 3:
Provisions having effect in relation to Employment Court

Schedule 3A:
Provisions relating to COVID-19 vaccinations

Schedule 4:
New Schedule 3 of Police Act 1958

Schedule 5:
Enactments amended

Schedule 6:
Enactments repealed

Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

122: Nature of personal grievance may be found to be of different type from that alleged

You could also call this:

"Your work complaint might be a different problem than you thought"

If you make a complaint about something that happened at work, you might say it's one type of problem. But when it's looked into, it might be found to be a different type of problem. Nothing in the law or your work agreement can stop this from happening.

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 20 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60362.

Topics:

Work and jobs > Worker rightsRights and equality > Anti-discrimination

121: Statements privileged, or

"You can't be sued for what you say when raising a workplace problem."

123: Remedies, or

"Help for workplace problems: getting a fix or payment"

Part 9Personal grievances, disputes, and enforcement
Personal grievances

122Nature of personal grievance may be found to be of different type from that alleged

Nothing in this Part or in any employment agreement prevents a finding that a personal grievance is of a type other than that alleged.

Compare

1991 No 22 s 34

Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

122: Nature of personal grievance may be found to be of different type from that alleged

"Your work complaint might be a different problem than you thought"

Part 9Personal grievances, disputes, and enforcementPersonal grievances

122Nature of personal grievance may be found to be of different type from that alleged

Part 9Personal grievances, disputes, and enforcement
Personal grievances