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Employment Relations Act 2000

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

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

You could also call this:

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

You can’t be punished twice for the same action under this law. If you do something wrong, you won’t have to pay a fine and go to jail for the same mistake. This applies to penalties under the Employment Relations Act and the Immigration Act.

Also, if you break employment standards rules, you can’t be ordered to pay a fine and face another punishment for the same mistake. The law makes sure you’re not penalised multiple times for one wrong action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803095.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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142T: More than one kind of order may be made for same breach, or

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

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142V: Insurance against pecuniary penalties unlawful, or

“You can't get insurance to pay fines for breaking this law, and it's against the rules to try.”

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

142UNo pecuniary penalty and criminal sanction or other penalty for same conduct

  1. A person cannot be ordered to pay a pecuniary penalty and be liable to a fine or term of imprisonment under this Act or the Immigration Act 2009 for the same conduct.

  2. A person cannot be ordered to pay a pecuniary penalty and be liable to another penalty under this Act for the same breach of employment standards.

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