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Public Service Act 2020

People working in public service - Public service workforce - Employment in public service continuous for purpose of certain enactments

92: Liability of public service agencies for remediation in relation to application of section 91

You could also call this:

"Public service agencies are not responsible for mistakes made by other agencies about your pay or leave."

If you work for a public service agency, you might be wondering what happens if another agency makes a mistake. You are not liable if another agency, let's call it Agency A, does not follow the rules about your leave or holiday pay, as stated in section 91. This means you cannot sue the agency you work for, Agency B, for Agency A's mistakes.

If Agency A does not pay you correctly or give you the right amount of leave, you can still take action against them. Section 91(2) does not stop you from doing this. You have the right to take action if Agency A makes a mistake.

In this situation, Agency A and Agency B refer to the agencies as defined in section 91. This means that Agency A and Agency B have the same meanings as they do in section 91. You can find more information about what these agencies are by looking at section 91.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356934.

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91: Employment in public service continuous for purpose of certain enactments, or

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93: Further provision in relation to application of section 91 to annual holidays, or

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Part 3People working in public service
Public service workforce: Employment in public service continuous for purpose of certain enactments

92Liability of public service agencies for remediation in relation to application of section 91

  1. Agency B is not liable to an employee to whom section 91 applies for a failure by agency A to comply with an Act referred to in section 91(1)(a) or (b) in relation to—

  2. the entitlements to leave referred to in section 91(1)(a) or (b); or
    1. the recovery of holiday pay or leave pay.

      1. Section 91(2) does not limit any right of the employee to take action in relation to a failure by agency A of a kind described in subsection (1).

      2. In this section, Agency A and Agency B have the same meanings as in section 91.