Volunteers Employment Protection Act 1973

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Volunteers Employment Protection Act 1973

Public Act
 
1973 No 25
Date of assent
 
2 October 1973
Commencement
 
2 October 1973
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title
2Interpretation
3Act to bind the Crown
3AApplication of this Act to employees who have non-statutory rights to volunteers leave
4Employee deemed to have leave of absence from employment
5Resumption of employment after leave of absence
6Workers not to be dismissed by reason of protected voluntary service or training [Repealed]
7Workers’ rates of remuneration to be computed as if protected period were time served [Repealed]
7AContinuity of employment
7BContributions to superannuation schemes
8Annual holidays
9Other holidays
10Apprentices [Repealed]
11Employees to notify employers before commencing protected voluntary service or training
12Applications for postponement of service or training
13Proceedings may be taken by Labour Inspector [Repealed]
14Evidence
14AEmployees to whom this Part applies
14BEntitlement to leave
14CDate of commencement of leave
14DObligation to notify employer in relation to service in time of war or emergency
14EObligation to notify employee
14FEmployer’s notice in relation to return to work and preference for appointment
14GEmployees to whom this Part applies
14HEntitlement to leave
14IDuration of leave
14JRight of employer and employee to determine date of commencement of leave by agreement
14KObligation to notify employer in relation to leave for special service
14LObligation to notify employee
14MEmployer’s notice in relation to return to work and preference for appointment
14NEmployee’s notice in relation to return to work
14OPresumption that employee’s position can be kept open
14PEmployer’s obligations in respect of remuneration and holiday pay
14QPower to increase entitlement to holiday pay
14RContinuity of employment
14SContributions to superannuation schemes
14TEarly ending of leave under Part 2 or Part 3
14UExtension of leave under Part 2 or Part 3
14VFailure to return to work
14WFailure to accept employment
14XEmployees employed to replace employees on leave under Part 2 or Part 3
14YTermination of employment and discrimination prohibited
14ZSpecial defences relating to termination of employment
14ZASpecial defences relating to termination of employment during volunteers leave
14ZBSpecial defence relating to termination of employment during 26 weeks following volunteers leave
14ZCRedundancy payments not affected
14ZDDiscrimination
14ZEInterim order
14ZFVolunteers leave complaints
14ZGProcedures for settlement of volunteers leave complaints
14ZHPower to refer complaint to Employment Relations Authority
14ZIRole of institutions
14ZJDuty to promote settlement
14ZKRemedies
14ZLReinstatement
14ZMNon-compliance with formal requirements
14ZNEnforcement of judgments
14ZORole of Labour Inspectors
14ZPEligibility criteria based on average hours of work and allowing for periods of authorised leave
14ZQDemand notice
14ZRObjections to determination or demand notice
14ZSConsequences of demand notice
14ZTAuthority to determine entitlement to volunteers leave on objection
14ZUWithdrawal of demand notice
14ZVProcedures available to State employees
14ZWRegulations
14ZXCompensation for employers
15Priority in bankruptcy or winding up of compensation ordered to be paid by employer [Repealed]
16Cancellation of existing liability for service
17Consequential repeals and amendments
Reprint notes

An Act to make provision for the protection of the employment of volunteers to Her Majesty’s Armed Forces