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Employment Relations Act 2000

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

142D: What declaration of breach must state

You could also call this:

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

When there’s a declaration of breach, it needs to say some important things. You need to know what specific rule was broken. The declaration will tell you which minimum entitlement was not followed. It will also say who the declaration is about. This could be a person or a company that didn’t follow the rules. Finally, it will explain what happened that broke the rule. This means it will describe the actions or behaviour that wasn’t okay according to the law. All of this information helps everyone understand exactly what went wrong and who was responsible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803070.

Topics:
Work and jobs > Worker rights
Crime and justice > Criminal law
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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.”

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142E: Pecuniary penalty orders, or

“A court can order someone to pay money if they break certain rules at work.”

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

142DWhat declaration of breach must state

  1. A declaration of breach must state the following:

  2. the minimum entitlement provision that the breach or involvement in the breach relates to; and
    1. the person the declaration applies to; and
      1. the conduct that constituted the breach or the involvement in the breach.

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