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Employment Relations Act 2000

General provisions - Transitional provisions

248: Existing causes of action

You could also call this:

"What happens if a law changes after something has already happened to you at work?"

If a law is repealed, you can still take action if something happened to you before the law changed. You have a certain amount of time to take action, and this time limit still applies. The old law will still be used if you start proceedings about something that happened to you before the new law started.

If you were dismissed from your job before the new law started, you can take action in the Employment Tribunal. If you start proceedings before 30 June 2001, you do not have to follow section 113(1). If you start proceedings after 30 June 2001, you must follow section 113(1) and Part 9.

Some other sections of the law, like sections 249 to 252, also apply to your situation. These sections can affect how your case is handled. You should look at these sections to understand how they apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61496.

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Part 11General provisions
Transitional provisions

248Existing causes of action

  1. Subject to the applicable period of limitation, the repeal by this Act of any existing Act or provision does not extinguish any existing cause of action.

  2. Where any cause of action has arisen before the commencement of this section under any of the provisions repealed by this Act and at that date no proceedings have been initiated in respect of that cause of action under those provisions, those provisions continue to apply to any proceedings commenced in respect of any such cause of action as if this Act had not been passed.

  3. Subsection (2) is subject to sections 249 to 252 and subsection (4).

  4. Where any cause of action has arisen before the commencement of this section in relation to the dismissal of an employee, proceedings in the Employment Tribunal in respect of that cause of action,—

  5. if commenced before the close of 30 June 2001, may be other than in accordance with section 113(1); but
    1. if commenced after 30 June 2001, must be in accordance with section 113(1) and Part 9.

      Compare
      • 1991 No 22 s 183(1), (2)