Employment Contracts Act 1991
022
Commenced: 15 May 1991; 19 Aug 1991, Part VI
ANALYSIS
Analysis
Title
1 Short Title
2 Interpretation
3 Exclusive jurisdiction in relation to matters arising out of employment contracts
4 Right to sue
I: Freedom of Association
5 Object
6 Voluntary membership
7 Prohibition on preference
8 Undue influence
II: Bargaining
9 Object
10 Choice of representation
11 Right to object to representative
12 Authority to represent
13 Right of access for the purpose of obtaining authority to act as representative
14 Right of access by representative
15 Restriction on right of entry
16 Ratification of settlement
17 Representative may become party to employment contract
18 Freedom to negotiate
19 Individual employment contracts
20 Collective employment contracts
21 New employees
22 Expiry of collective employment contract
23 Variation of collective employment contract
24 Requirement to lodge certain collective employment contracts with Secretary of Labour
25 Application of law relating to illegal contracts
III: Personal Grievances
26 Object
Definitions
27 Personal grievance
28 Discrimination
29 Sexual harassment
30 Duress
31 Definitions relating to personal grievances
32 Inclusion of procedures
33 Right to use procedures
34 Nature of grievance
35 Special provision where sexual harassment alleged
36 Sexual harassment by person other than employer
37 Statements privileged
38 Statement of reasons for dismissal
39 Choice of procedures
40 Remedies
41 Reimbursement
42 Reinstatement
IV: Enforcement of Employment Contracts
43 Object
Disputes
44 Procedures for settling disputes
45 Parties to dispute
46 Restriction on scope of procedure
Recovery of Wages
47 Wages and time record
48 Arrears
49 Power to award interest on arrears of wages
50 Failure to keep or produce records
Penalties
51 Jurisdiction concerning penalties
52 Penalties for breach of employment contract
53 Recovery of penalties
54 Application of penalties recovered
55 Power of Tribunal to order compliance
Compliance Order
56 Power to order compliance
57 Harsh and oppressive contracts
58 Enforcement of order
59 Representation
V: Strikes and Lockouts
60 Object
61 Definition of strike
62 Definition of lockout
63 Unlawful strikes or lockouts
64 Lawful strikes and lockouts
65 Suspension of striking employees
66 Suspension of non-striking employees where work not available during strike
67 Basis of suspension
68 Power of Tribunal or Court to dismiss proceedings relating to participation in strike or lockout
69 Requirements as to notice in relation to strikes in essential services
70 Requirements as to notice in relation to lockouts in essential services
71 Strikes and lockouts on grounds of safety or health
72 Employer not liable for wages during lockout
73 Jurisdiction of Court in relation to torts
74 Jurisdiction of Court in relation to injunctions
VI: Institutions
75 Commencement
76 Objects
Employment Tribunal
77 Employment Tribunal
78 Functions
79 Jurisdiction
80 Mediation assistance
81 Membership of Tribunal
82 Appointment of members
83 Term of office
84 Vacation of office
85 Retiring age
86 Salaries and allowances
87 Temporary appointments
88 Procedure
89 Seal of Tribunal
90 Appearance of parties
91 Rehearing
92 Protection of members of Tribunal, etc.
93 Referral of question of law
94 Removal of proceedings to Court
95 Appeals
96 Evidence
97 Power to prohibit publication
98 Power to award costs
99 Power to dismiss frivolous cases
100 Power to proceed if any party fails to attend
101 Staff of Tribunal
102 Application of Official Information Act 1982
Employment Court
103 Employment Court
104 Jurisdiction of Court
105 Applications for review
106 Withdrawal of proceedings
107 Power of Court in respect of contempt
108 Power to award costs
109 Power to prohibit publication
110 Constitution of Court
111 Registrar and officers of Court
112 Seal of Court
Judges of the Court
113 Appointment of Judges
114 Senior Judge to act as Chief Judge in certain circumstances
115 Salaries and allowances of Judges
116 Appointment of temporary Judges
117 Sittings
118 Urgency
119 Full Court
120 Quorum and decision of Court
121 Court may dismiss frivolous cases
122 Statement of case for Court of Appeal
123 Appearance of parties
124 Power to proceed if any party fails to attend
125 Rehearing
126 Evidence
127 Fine for neglecting witness summons
128 Proceedings to continue on change in Court
129 Proceedings not to abate by reason of death
130 Court may make rules
Review of Proceedings
131 Review of proceedings before Court
Appeals
132 Appeals to Court of Appeal in respect of proceedings founded on tort
133 Appeal to Court of Appeal against order or sentence in respect of contempt of Court
134 Appeal to Court of Appeal in respect of order on application for review
135 Appeals to Court of Appeal on question of law
136 Court of Appeal may refer appeals back for reconsideration
Special Provision in Respect of Reviews and Appeals
137 Obligation to have regard to special jurisdiction of Court
Miscellaneous Provisions
138 Validation of informal proceedings, etc.
139 Documents under seal and certain signatures to be judicially noticed
140 Powers of Court as to joinder, waiver, and extension of time
VII: Miscellaneous Provisions
141 Act to be administered by Department of Labour
142 Record of work stoppages
143 Labour Inspectors
144 Powers of Labour Inspectors
145 Obligations of Labour Inspectors
146 Regulations
147 No contracting out
VIII: Amendments to Other Acts
Amendment to Acts and Regulations Publication Act 1989
148 Transitional provision relating to Government Printing Office
Amendment to Anzac Day Act 1966
149 Application to terms of employment
Amendments to Clerk of the House of Representatives Act 1988
150 New sections substituted
Amendments to Defence Act 1990
151 Members of Civil Staff
152 Conditions of service in Armed Forces
153 Power to transfer members within Civil Staff
154 New sections substituted
Amendments to Fire Service Act 1975
155 Repeal of provisions relating to application of Labour Relations Act 1987
156 Application of State Sector Act 1988
157 Choice of procedure
Amendment to Harbours Act 1950
158 Appeals and Appeal Board
Amendments to Higher Salaries Commission Act 1977
159 Functions of Commission in relation to judicial salaries and superannuation
160 Officers whose remuneration is to be determined by Higher Salaries Commission
Amendments to Human Rights Commission Act 1977
161 Industrial unions and professional and trade associations
162 Jurisdiction of Employment Court
Amendment to Judicature Amendment Act 1972
163 Jurisdiction of Employment Court
Amendment to Mining Act 1971
164 Overtime for working below ground
Amendments to New Zealand Railways Corporation Restructuring Act 1990
165 Interpretation
166 Continuity of employment
167 Union coverage
168 Collective employment contracts
Amendment to State-Owned Enterprises Act 1986
169 Application of Employment Contracts Act 1991
Amendment to Trade Unions Act 1908
170 Registrar of trade unions
171 Repeal
Amendment to Tramways Amendment Act 1910
172 Appeal Board
Amendment to Waitangi Day Act 1976
173 Application to terms of employment
IX: Repeals and Transitional Provisions
174 Repeals
175 Saving
176 Existing documents
177 Existing disputes and grievance procedures
178 Existing arrangements
179 Existing settlements
180 Arbitration Commission
181 Mediation Service
182 Existing proceedings
183 Existing causes of action
184 Special provisions in relation to certain proceedings and causes of action
185 Existing organisations
186 Labour Court
187 Special transitional period
188 Existing appointments
189 Arrears of wages
Schedule(s)
1 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
2 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
3 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
4 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
5 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
6 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
7 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
8 FIRST SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Personal Grievances
9 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
10 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
11 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
12 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
13 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
14 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
15 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
16 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
17 SECOND SCHEDULE: Standard Clauses in Relation to Procedure for Settlement of Disputes about the Interpretation, Application or Operation of Employment Contracts
18 THIRD SCHEDULE: Essential Services
19 FOURTH SCHEDULE: Enactments Repealed