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Employment Relations Act 2000

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

142C: Purpose and effect of declarations of breach

You could also call this:

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

When someone breaks employment rules, a court can make a declaration of breach. This declaration helps in future court cases about the same issue. If you want to take action against someone who broke the rules, you can use this declaration as proof. You won’t need to show again that they broke the rules.

The declaration of breach is very important. It proves without doubt that the person did what the declaration says they did. The court must include certain details in the declaration, which you can find in section 142D of this 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=DLM6803069.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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142B: Court may make declarations of breach, or

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

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142D: What declaration of breach must state, or

“A declaration of breach must explain what rule was broken, who broke it, and how they broke it.”

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

142CPurpose and effect of declarations of breach

  1. The purpose of a declaration of breach is to enable an applicant for an order against a person under this Part to rely on the declaration of breach made against the person in the proceedings for that order and not be required to prove the breach or involvement in the breach.

  2. Accordingly, a declaration of breach made against a person is conclusive evidence in relation to the person of the matters that must be stated in it under section 142D.

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