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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Standard of proof

142S: Standard of proof

You could also call this:

“This explains how strong the proof needs to be in certain legal cases, like when someone breaks the rules at work.”

When someone goes to court under this part of the law for a declaration of breach, pecuniary penalty order, compensation order, or banning order, you need to know how sure the court needs to be to make a decision. The court will use the same level of certainty that they use in other civil cases. This means they don’t need to be as certain as they would be in a criminal case, but they still need to be pretty sure.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803092.

Topics:
Crime and justice > Courts and legal help
Work and jobs > Worker rights
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“Different punishments can be given together for the same wrongdoing”

Part 9A Additional provisions relating to enforcement of employment standards
Standard of proof

142SStandard of proof

  1. To avoid doubt, in proceedings under this Part for a declaration of breach, pecuniary penalty order, compensation order, or banning order, the standard of proof is the standard of proof that applies in civil proceedings.

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