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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Compliance orders

140A: Compliance order in relation to disclosure of employee transfer costs information and individualised employee information

You could also call this:

“The Employment Authority can make someone follow rules about sharing information when employees change jobs.”

If someone doesn’t follow the rules about sharing information on employee transfer costs or individual employee details, the Employment Relations Authority can step in. This applies when someone hasn’t followed these rules or if there’s a good reason to think they won’t.

The Authority can tell the person to do something specific or to stop doing something to make sure they follow the rules. They’ll give the person a set time to obey this order.

Different people can ask the Authority for this kind of order. This includes someone who’s asked for information, someone who’s been asked to give information, a new employer who should get employee information, the employee the information is about, an employee who could choose to move to a new employer, or a union that the employee belongs to.

If you think someone has been affected by these rules not being followed, you can ask the Authority to make an order. The Authority can also decide to make an order on its own.

Some other rules about compliance orders also apply to these situations. If someone doesn’t follow these information-sharing rules or doesn’t obey the Authority’s order, it’s treated like an employment relationship problem.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60398.

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Part 9 Personal grievances, disputes, and enforcement
Compliance orders

140ACompliance order in relation to disclosure of employee transfer costs information and individualised employee information

  1. This section applies where—

  2. any person has not observed or complied with section 69OC, 69OD, 69OE, or 69OEA; or
    1. there are reasonable grounds to believe that a person will not observe or comply with section 69OC, 69OD, 69OE, or 69OEA.

      1. Where this section applies, the Authority may, in addition to any other power it may exercise, by order require that person to do any specified thing or to cease any specified activity for the purpose of preventing—

      2. further non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA; or
        1. non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA.

          1. The Authority must specify a time within which the order is to be obeyed.

          2. An application to the Authority for an order of the kind described in subsection (2) may be made by the following persons:

          3. a person who has made or proposes to make a request under section 69OC(2):
            1. a person who has required another person to provide information under section 69OD(2), (4), or (5):
              1. the new employer to whom individualised employee information must be provided under section 69OEA:
                1. the employee to whom the individualised employee information referred to in section 69OEA relates:
                  1. an employee who would be eligible to elect to transfer to the new employer under section 69I:
                    1. a union of which the employee is a member.

                      1. Where a person alleges that a person has been or would be affected by non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA, that person may take action against another person by applying to the Authority for an order of the kind described in subsection (2).

                      2. The power given to the Authority by subsection (2) may be exercised by the Authority—

                      3. of its own motion; or
                        1. on the application of a person described in subsection (4).

                          1. Sections 138(2) to (4), (5), and (6), 140(6), and 161 apply, with all necessary modifications, to a compliance order under subsection (2) as if the compliance order were a compliance order made under section 137(2).

                          2. For the purposes of section 161(1), any non-observance of or non-compliance with or proposed non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA or failure to comply with a compliance order under subsection (2) is to be treated as if it were an employment relationship problem.

                          Notes
                          • Section 140A: inserted, on , by section 9 of the Employment Relations Amendment Act 2006 (2006 No 41).
                          • Section 140A heading: amended, on , by section 64(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(1)(a): amended, on , by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(1)(b): amended, on , by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(2)(a): amended, on , by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(2)(b): amended, on , by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(4)(ba): inserted, on , by section 64(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(4)(bb): inserted, on , by section 64(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(5): amended, on , by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                          • Section 140A(8): amended, on , by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).