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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Defences relating to breach of minimum entitlement provisions

142ZB: Proceedings in which defences apply

You could also call this:

"When can you use defences if you break employment rules?"

If you breach a minimum entitlement provision, some defences can be used in certain proceedings. You can use these defences in proceedings like an action to recover wages or other money under section 142Y of this Act, section 77A of the Holidays Act 2003, section 11AA of the Minimum Wage Act 1983, or section 11A of the Wages Protection Act 1983. These defences are described in sections 142ZC and 142ZD.

You can also use these defences in proceedings like an action to recover a penalty under section 135 of this Act, section 76 of the Holidays Act 2003, section 10 of the Minimum Wage Act 1983, or section 13 of the Wages Protection Act 1983. These defences apply to applications under section 142E for a pecuniary penalty order. They also apply to applications under section 142J for a compensation order, or under section 142M(1)(a) for a banning order.

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Part 9AAdditional provisions relating to enforcement of employment standards
Defences relating to breach of minimum entitlement provisions

142ZBProceedings in which defences apply

  1. The defences described in sections 142ZC and 142ZD apply to the following proceedings in relation to a breach of a minimum entitlement provision:

  2. an action to recover wages or other money under section 142Y of this Act, section 77A of the Holidays Act 2003, section 11AA of the Minimum Wage Act 1983, or section 11A of the Wages Protection Act 1983:
    1. an action to recover a penalty under section 135 of this Act, section 76 of the Holidays Act 2003, section 10 of the Minimum Wage Act 1983, or section 13 of the Wages Protection Act 1983:
      1. an application under section 142E for a pecuniary penalty order:
        1. an application under section 142J for a compensation order:
          1. an application under section 142M(1)(a) for a banning order.

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