breaches of employment law

If any party believes another party has breached any law affecting the employment relationship, the parties should talk to each other to try to resolve the problem. They may also contact Workplace Contact Centre (http://www.ers.dol.govt.nz/help/index.html). for information, advice or mediation.

If that does not work, there are different sources of help according to what law is being broken. Different remedies can also be sought.

Employees or unions can apply to the Employment Relations Authority for a compliance order to require the employer to comply with the law, if the employer has breached the Employment Relations Act by not doing what the Act says about such matters as:

• union access to workplaces
• union meetings
• informing new employees about their right to join a collective agreement or to seek advice about an individual employment agreement
• providing reasons for dismissals
• getting the work of striking employees done by other workers
• keeping wages and time records
• obligations to deal with each other in good faith.

Employees can also take a penalty action against the employer if the employer has breached the Act in relation to any of the matters listed above, except good faith and providing reasons for dismissals.

Labour Inspectors

Labour Inspectors are responsible for the enforcement of certain employment relations laws such as annual leave, sick leave, parental leave, public holidays and minimum pay. In undertaking this role they are also able to provide assistance to employers in the course of their investigations to ensure that wage records and systems, agreements and policies meet at least the minimum required by law.

Labour Inspectors investigate in an impartial manner at all times, and work with employers to ensure that problems are resolved in a manner that stops them reoccurring.

If it appears that an employer has breached any of these laws, employees can ask a Labour Inspector to investigate the matter on their behalf, or they can take action themselves. Contact Workplace Contact Centre (http://www.ers.dol.govt.nz/help/index.html). for more information or contact a Labour Inspector direct.

In addition, there are two forms available for download in PDF format:

• Complaint Form - Labour Inspectorate
• Employee details when there are more than one complainant