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Employment Relations Act 2000

General provisions - Representation

236: Representation

You could also call this:

“Employees and employers can choose someone to speak for them in work-related matters”

If you’re an employee and a law lets you do something about your employer or in a special work court, you can choose someone else to speak for you. This is called representation.

The same goes for employers. If a law lets them do something about an employee or in a work court, they can pick someone to represent them too.

Anyone who says they’re speaking for an employee or employer needs to prove they have permission to do so.

This rule applies to several laws. These include laws about work relationships, accidents at work, pay equality, holidays, human rights, minimum wages, parental leave, police work, public service, and protecting wages.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61477.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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Part 11 General provisions
Representation

236Representation

  1. Where any Act to which this section applies confers on any employee the right to do anything or take any action—

  2. in respect of an employer; or
    1. in the Authority or the court,—
        1. that employee may choose any other person to represent the employee for the purpose.

      1. Where any Act to which this section applies confers on an employer the right to do anything or take any action—

      2. in respect of an employee; or
        1. in the Authority or the court,—
            1. that employer may choose any other person to represent that employer for the purpose.

          1. Any person purporting to represent any employee or employer must establish that person's authority for that representation.

          2. The Acts to which this section applies are—

          3. this Act:
            1. the Accident Compensation Act 2001:
              1. the Support Workers (Pay Equity) Settlements Act 2017:
                1. the Equal Pay Act 1972:
                  1. the Holidays Act 2003:
                    1. the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016:
                      1. the Human Rights Act 1993:
                        1. the Minimum Wage Act 1983:
                          1. the Parental Leave and Employment Protection Act 1987:
                            1. the Policing Act 2008:
                              1. the Public Service Act 2020:
                                1. the Wages Protection Act 1983.

                                  Notes
                                  • Section 236(4)(b): substituted, on , by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).
                                  • Section 236(4)(b): amended on , pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
                                  • Section 236(4)(ba): inserted, on , by section 20(5) of the Care and Support Workers (Pay Equity) Settlement Act 2017 (2017 No 24).
                                  • Section 236(4)(ba): amended, on , by section 23(2)(d) of the Support Workers (Pay Equity) Settlements Amendment Act 2020 (2020 No 50).
                                  • Section 236(4)(d): substituted, on , by section 91(2) of the Holidays Act 2003 (2003 No 129).
                                  • Section 236(4)(da): inserted, on , by section 31(5) of the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 (2016 No 2).
                                  • Section 236(4)(h): amended, on , pursuant to section 130(4) of the Policing Act 2008 (2008 No 72).
                                  • Section 236(4)(i): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).