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New Zealand law explained for everyone

Employment Relations Act 2000

Individual employees' terms and conditions of employment - Specific terms and conditions of employment

67E: Employee may refuse to perform certain work

You could also call this:

“You can say no to extra work if your boss doesn't promise to pay you fairly for being ready to do it.”

You have the right to say no to doing extra work beyond your guaranteed hours if your employment agreement doesn’t include a special rule. This special rule is called an availability provision. It should say that you’ll get fair pay for being ready to work extra hours. If your agreement doesn’t have this rule with fair pay, you can refuse to do the extra work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803004.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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67D: Availability provision, or

“Rules about when an employer can ask you to be ready for work outside your normal hours”

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67F: Employee not to be treated adversely because of refusal to perform certain work, or

“Workers can't be punished for saying no to some jobs”

Part 6 Individual employees' terms and conditions of employment
Specific terms and conditions of employment

67EEmployee may refuse to perform certain work

  1. An employee is entitled to refuse to perform work in addition to any guaranteed hours specified in the employee’s employment agreement if the agreement does not contain an availability provision that provides for the payment of reasonable compensation to the employee for making himself or herself available to perform work under the availability provision.

Notes
  • Section 67E: inserted, on , by section 9 of the Employment Relations Amendment Act 2016 (2016 No 9).