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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Declarations of breach

142B: Court may make declarations of breach

You could also call this:

“The judge can say someone broke important work rules if they did something really wrong.”

If you don’t follow the rules about minimum pay and working conditions, you might get in trouble. A Labour Inspector can ask the court to say that you’ve broken these rules. This is called a “declaration of breach”.

The court can make this declaration if they think you’ve seriously broken the rules or helped someone else do it. Whether it’s serious or not depends on the facts of what happened.

When the court is deciding if the breach is serious, they might look at:

  • How much money was involved
  • If it happened once or many times
  • If it happened many times, they’ll consider how many times and for how long
  • If you meant to do it or if you were careless
  • If you kept good records like you’re supposed to
  • Any other things that might be important

Remember, only a Labour Inspector can ask the court to make this declaration. No one else can do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803068.

Topics:
Work and jobs > Worker rights
Business > Industry rules
Government and voting > Government departments
Previous

142A: Object of this Part, or

“This part explains how the law helps make sure workers get paid fairly by giving inspectors more ways to stop and punish bosses who break the rules.”

Next

142C: Purpose and effect of declarations of breach, or

“This explains how a declaration of breach can be used as proof in court without having to show the breach again.”

Part 9A Additional provisions relating to enforcement of employment standards
Declarations of breach

142BCourt may make declarations of breach

  1. A Labour Inspector (but no other person) may apply to the court for a declaration of breach.

  2. The court may make a declaration of breach if the court is satisfied that—

  3. a person has—
    1. breached a minimum entitlement provision; or
      1. been involved in a breach of a minimum entitlement provision; and
      2. the breach of the minimum entitlement provision is serious.

        1. Whether a breach of a minimum entitlement provision is serious is a question of fact.

        2. In determining whether a breach of a minimum entitlement provision is serious, the court may take into account—

        3. the amount of money involved:
          1. whether the breach comprises a single instance or a series of instances:
            1. if the breach comprises a series of instances,—
              1. how many instances it comprises; and
                1. the period over which they occurred:
                2. whether the breach was intentional or reckless:
                  1. whether the employer concerned has complied with any relevant record-keeping obligations imposed by any Act:
                    1. any other relevant matter.

                      Notes
                      • Section 142B: inserted, on , by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).