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Employment Relations Act 2000

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

69ABI: Application to Authority after initial or later reference to mediation

You could also call this:

“You can ask a special group to decide if your boss followed the rules about helping workers affected by family violence”

If you are not happy with the result of the mediation about your flexible working arrangements, you can ask the Employment Relations Authority to look at your case. The Authority will check if your employer followed the rules for responding to flexible working requests.

You need to apply to the Authority within 6 months. This time starts from when you first knew the result of the mediation, or when you should have known about it if it was reasonable for you to know.

Remember, you can only do this if you’ve already tried mediation first. The mediation is a step that happens before you can go to the Authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS186664.

Topics:
Work and jobs > Worker rights
Family and relationships > Children and parenting
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69ABH: Mediation after initial reference to Labour Inspector, or

“If you're unhappy with what the Labour Inspector said, you can ask someone else to help you and your boss talk about it.”

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69ABJ: Penalty, or

“If an employer doesn't follow the rules about helping workers affected by family violence, they might have to pay money to the worker as a punishment.”

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

69ABIApplication to Authority after initial or later reference to mediation

  1. This section applies if the employee is dissatisfied with the result of the reference under section 69ABG(2)(b) or 69ABH(2) to mediation.

  2. The employee may apply to the Authority for a determination as to whether the employer has complied with section 69ABE.

  3. An application under subsection (2) must be made within 6 months after the earlier of—

  4. the date when the result of the reference first became known to the employee; or
    1. the date when the result of the reference should reasonably have become known to the employee.

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