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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Compliance orders

140AA: Sanctions for breaches without compliance order

You could also call this:

“The court can punish people who break work rules without first giving them a warning.”

This section of the law talks about what can happen if someone doesn’t follow certain orders or rules about employment. If you don’t follow these orders or rules, a Labour Inspector can ask the court to do something about it.

The court can take action without first making a compliance order. This means they can act right away if they need to. However, before the court does anything, they must give you a chance to explain your side of the story.

The court will only take action if they’re sure about a few things:

  1. The problem is about breaking employment standards, especially if it’s about not paying wages or money that’s owed.
  2. The rule-breaking wasn’t small or accidental.
  3. You didn’t have a good reason for breaking the rules.
  4. The court thinks that even if they told you to follow the rules, you probably wouldn’t do it.

If all these things are true, then the court can take steps to fix the problem, just like they would if there was a compliance order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803053.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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140: Further provisions relating to compliance order by court, or

“Rules about how the court can make and enforce orders to fix problems at work”

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Part 9 Personal grievances, disputes, and enforcement
Compliance orders

140AASanctions for breaches without compliance order

  1. This section applies in relation to an order, determination, direction, or requirement referred to in section 137(1)(b) or 139(1)(b).

  2. If, after the order, determination, direction, or requirement is made or given, there has been non-observance of or non-compliance with the order, determination, direction, or requirement, the court may, on the application of a Labour Inspector, do 1 or more of the things specified in section 140(6)(a) to (e) without first making a compliance order.

  3. However, the court must not do any of the things specified in section 140(6)(a) to (e) unless the court—

  4. has provided the person in default with the opportunity to make submissions to the court; and
    1. is satisfied that—
      1. the matter arises from a breach of employment standards and relates to the payment of wages or other money owed, or penalties ordered, as a result of the breach; and
        1. the matter involves a breach that was not minor or inadvertent; and
          1. there was no reasonable excuse for the breach; and
            1. there are reasonable grounds for believing that, if a compliance order were made, the person in default would not comply with it.

            Notes
            • Section 140AA: inserted, on , by section 16 of the Employment Relations Amendment Act 2016 (2016 No 9).