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Employment Relations Act 2000

General provisions - Transitional provisions

248: Existing causes of action

You could also call this:

“This explains what happens to legal problems that started before the new rules came in”

If you had a reason to make a complaint or take legal action before this new law came into effect, you can still do so. The new law doesn’t stop you from pursuing your case. However, you need to be aware of any time limits that might apply to your situation.

If you had a reason to make a complaint or take legal action before this new law started, but you hadn’t started any official proceedings yet, you can still use the old rules. You can start your case using the old rules, just as if this new law hadn’t been made.

There are some exceptions to this rule. You can find these exceptions in sections 249 to 252 of this law, and in the next paragraph.

If your complaint is about being dismissed from your job, and the dismissal happened before this new law started, there are special rules. If you start your case with the Employment Tribunal before 30 June 2001, you don’t have to follow section 113(1) of the new law. But if you start your case after 30 June 2001, you must follow section 113(1) and Part 9 of the new law.

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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.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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247: Existing proceedings, or

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249: Employment Tribunal, or

“The Employment Tribunal keeps working until January 31, 2001 to finish some special jobs it started before.”

Part 11 General 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 Where any cause of action has arisen before the commencement of this section under any of the provisions repealed by this Act and at that date no proceedings have been initiated in respect of that cause of action under those provisions, those provisions continue to apply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)