Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
93: Misrepresentation
or “Don't lie about health and safety rights or processes”
You could also call this:

“How to prove unfair treatment due to health and safety concerns at work”

In legal proceedings about unfair treatment at work due to health and safety concerns, there are specific rules about proving wrongdoing. If you’re taking legal action, you need to show three things. First, you must prove that someone was treated unfairly. Second, you need to show that there was a reason related to health and safety that wasn’t allowed. Third, you have to provide evidence that suggests the unfair treatment happened because of that health and safety reason.

If you can show all these things, the court will assume that the health and safety reason was the main reason for the unfair treatment. However, the person or company you’re taking action against can try to prove that it wasn’t the main reason. If they can do this, they might not be found guilty.

This rule helps protect workers who speak up about health and safety issues. It makes it easier for you to prove your case if you’ve been treated unfairly for raising concerns about safety at work.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 95: Civil proceedings in relation to engaging in or inducing adverse or coercive conduct

or “Legal action for unfair treatment over health and safety matters”
Next

Part 3 Worker engagement, participation, and representation
Prohibition of adverse, coercive, or misleading conduct

94Proof of adverse conduct

  1. This section applies if, in proceedings for an offence of contravening section 90 or 91, the prosecution—

  2. proves that adverse conduct was engaged in; and
    1. proves that a prohibited health and safety reason existed at the time the adverse conduct was engaged in; and
      1. adduces evidence that the adverse conduct was engaged in for a prohibited health and safety reason.

        1. The prohibited health and safety reason alleged for the adverse conduct is presumed to be the dominant reason for that conduct unless the defendant proves that the reason was not the dominant reason for the conduct.

        Compare