Employment Relations Act 2000

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

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

You could also call this:

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

Your employer can’t treat you badly if you refuse to do work as allowed by section 67E. This means they can’t:

Give you worse job terms, work conditions, benefits, or chances for training, promotion, or transfer than other workers with similar skills and experience.

Fire you or make your job harder in ways they wouldn’t do to other workers doing the same kind of work.

Make you retire or quit your job.

If your employer does any of these things, it’s called treating you “adversely”. This includes anything that hurts your job, how well you can do your work, or how much you enjoy your job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803005.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination

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67E: Employee may refuse to perform certain work, or

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


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67G: Cancellation of shifts, or

“Rules about changing or stopping your work times that you and your boss agreed on”

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

67FEmployee not to be treated adversely because of refusal to perform certain work

  1. An employer must not treat adversely an employee who refuses to perform work under section 67E.

  2. In this section, an employer treats an employee adversely if the employer—

  3. refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
    1. dismisses that employee or subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
      1. retires that employee, or requires or causes that employee to retire or resign.
        1. For the purposes of subsection (2)(b), detriment includes anything that has a detrimental effect on that employee’s employment, job performance, or job satisfaction.

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