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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Pecuniary penalty orders

142I: Limitation period for actions for pecuniary penalty orders

You could also call this:

“You have one year to ask for a money punishment after someone breaks the work rules.”

You need to know about a rule for when someone can ask for a money penalty in work-related matters. If a Labour Inspector finds out that someone broke the rules, they have 12 months to ask for this penalty. The 12 months starts from the earlier of two times: when the Labour Inspector first knew about the rule-breaking, or when they should have reasonably known about it. This means they can’t wait too long to take action after they find out about a problem.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803076.

Topics:
Work and jobs > Worker rights
Crime and justice > Criminal law
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142H: Chief executive or Labour Inspector may enforce payment of pecuniary penalty, or

“The boss or worker helper can make someone pay a fine if they break the rules at work.”

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142J: Court may make compensation orders, or

“The judge can order someone to pay money to a worker they have wronged.”

Part 9A Additional provisions relating to enforcement of employment standards
Pecuniary penalty orders

142ILimitation period for actions for pecuniary penalty orders

  1. An application for a pecuniary penalty order under this Part must be made within 12 months after the earlier of—

  2. the date when the breach first became known to a Labour Inspector; and
    1. the date when the breach should reasonably have become known to a Labour Inspector.

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