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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Interrelationship of orders

142T: More than one kind of order may be made for same breach

You could also call this:

“Different punishments can be given together for the same wrongdoing”

If you break the rules at work, the court can give you more than one type of punishment for the same mistake. This means that even if you’ve already been given one kind of order for breaking a rule, you can still get another kind of order for the same thing.

For example, if you do something wrong, the court might make you pay a fine and also tell you to fix what you did wrong. Or, the court might make you pay money to someone you hurt and also stop you from working in a certain job for a while.

The court can mix and match these different types of orders to make sure the punishment fits what you did wrong. They don’t have to choose just one way to deal with your mistake.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803094.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
Rights and equality > Anti-discrimination
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“This explains how strong the proof needs to be in certain legal cases, like when someone breaks the rules at work.”

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142U: No pecuniary penalty and criminal sanction or other penalty for same conduct, or

“You can't be punished twice for the same wrongdoing at work.”

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

142TMore than one kind of order may be made for same breach

  1. The court may make one kind of order under this Part against a person even though the court has made another kind of order, whether under this Part or another Part, against the person in relation to the same breach.

  2. Without limiting subsection (1) and by way of example,—

  3. a pecuniary penalty order and a compliance order may be made against a person for the same breach:
    1. a compensation order and a banning order may be made against a person for the same breach.

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