140A Compliance order in relation to disclosure of employee transfer costs information and individualised employee information

(1)

This section applies where—

(a)

any person has not observed or complied with section 69OC, 69OD, 69OE, or 69OEA; or

(b)

there are reasonable grounds to believe that a person will not observe or comply with section 69OC, 69OD, 69OE, or 69OEA.

(2)

Where this section applies, the Authority may, in addition to any other power it may exercise, by order require that person to do any specified thing or to cease any specified activity for the purpose of preventing—

(a)

further non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA; or

(b)

non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA.

(3)

The Authority must specify a time within which the order is to be obeyed.

(4)

An application to the Authority for an order of the kind described in subsection (2) may be made by the following persons:

(a)

a person who has made or proposes to make a request under section 69OC(2):

(b)

a person who has required another person to provide information under section 69OD(2), (4), or (5):

(ba)

the new employer to whom individualised employee information must be provided under section 69OEA:

(bb)

the employee to whom the individualised employee information referred to in section 69OEA relates:

(c)

an employee who would be eligible to elect to transfer to the new employer under section 69I:

(d)

a union of which the employee is a member.

(5)

Where a person alleges that a person has been or would be affected by non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA, that person may take action against another person by applying to the Authority for an order of the kind described in subsection (2).

(6)

The power given to the Authority by subsection (2) may be exercised by the Authority—

(a)

of its own motion; or

(b)

on the application of a person described in subsection (4).

(7)

Sections 138(2) to (4), (5), and (6), 140(6), and 161 apply, with all necessary modifications, to a compliance order under subsection (2) as if the compliance order were a compliance order made under section 137(2).

(8)

For the purposes of section 161(1), any non-observance of or non-compliance with or proposed non-observance of or non-compliance with section 69OC, 69OD, 69OE, or 69OEA or failure to comply with a compliance order under subsection (2) is to be treated as if it were an employment relationship problem.

Section 140A: inserted, on 13 December 2006, by section 9 of the Employment Relations Amendment Act 2006 (2006 No 41).

Section 140A heading: amended, on 6 March 2015, by section 64(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(1)(a): amended, on 6 March 2015, by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(1)(b): amended, on 6 March 2015, by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(2)(a): amended, on 6 March 2015, by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(2)(b): amended, on 6 March 2015, by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(4)(ba): inserted, on 6 March 2015, by section 64(3) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(4)(bb): inserted, on 6 March 2015, by section 64(3) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(5): amended, on 6 March 2015, by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 140A(8): amended, on 6 March 2015, by section 64(2) of the Employment Relations Amendment Act 2014 (2014 No 61).