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Employment Relations Act 2000

Flexible working short-term for people affected by family violence - Resolving disputes

69ABG: Employee has choice of procedure at initial stage

You could also call this:

“You can choose how to solve a problem with your employer at the start.”

If you think your employer has not followed the rules in section 69ABE, you have some options. You can ask a Labour Inspector to help you and your employer sort out the problem, or you can go to mediation to try to resolve the issue. You can also ask the Authority to decide if your employer has followed the rules in section 69ABE. You must do one of these things within 6 months of a certain date. This date is when your employer tells you they will not do what you asked, or 10 working days after they got your request, whichever happens first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS186662.

Topics:
Work and jobs > Worker rights Rights and equality > Anti-discrimination

Part 6AB Flexible working short-term for people affected by family violence
Resolving disputes

69ABGEmployee has choice of procedure at initial stage

  1. This section applies if an employee believes that the employee’s employer has not complied with section 69ABE.

  2. The employee may do 1 of the following:

  3. refer the matter to a Labour Inspector who must, to the extent practicable in the circumstances, assist the employee and employer to resolve the matter; or
    1. refer the matter to mediation, at which the matter is treated as an employment relationship problem; or
      1. apply to the Authority for a determination as to whether the employer has complied with section 69ABE.

        1. A reference or application under subsection (2)(a), (b), or (c) must be made within 6 months after the relevant date.

        2. In subsection (3), relevant date means,—

        3. if the employer notifies a refusal within 10 working days after receiving a request, the date on which the employer notifies the employee of the employer’s refusal; or
          1. in any other case, the date that is 10 working days after the employer receives the employee’s request.

            Notes
            • Section 69ABG: inserted, on , by section 6 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).