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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

108A: Adverse treatment in employment of people affected by family violence

You could also call this:

“Employers can't treat you unfairly at work if you've been affected by family violence”

If you are affected by family violence, your employer can’t treat you unfairly because of it. This includes if someone thinks or believes you might be affected by family violence, even if it’s not true.

Your employer or their representative can’t fire you, deny you work benefits, or treat you badly if other workers in similar jobs aren’t treated that way. They can’t refuse to give you the same work terms, conditions, benefits, or chances for training and promotion that other workers with similar skills and experience get. They also can’t make you retire or resign.

This protection applies no matter when the family violence happened or when someone thinks it happened. It even applies if the family violence occurred before you started working for your employer.

Family violence is explained in section 69ABA of this law. If you think you’ve been treated unfairly because of family violence, you can refer to sections 103(1)(da) and 123(1)(d) of this law for more information about personal grievances and remedies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS186703.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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“Unwanted sexual behaviour at work that makes you feel uncomfortable or affects your job”

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Part 9 Personal grievances, disputes, and enforcement
Personal grievances

108AAdverse treatment in employment of people affected by family violence

  1. For the purposes of sections 103(1)(da) and 123(1)(d), an employee is treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence if, on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence (as that term is defined in section 69ABA), that employee’s employer or a representative of that employer—

  2. dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed; or
    1. refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
      1. subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
        1. retires that employee, or requires or causes that employee to retire or resign.

          1. Subsection (1) applies regardless of how long ago the family violence occurred or is suspected or assumed or believed to have occurred, and even if the family violence occurred or is suspected or assumed or believed to have occurred before the person became an employee.

          Notes
          • Section 108A: inserted, on , by section 9 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
          • Section 108A heading: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
          • Section 108A(1): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
          • Section 108A(2): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).