Part 9A Additional provisions relating to enforcement of employment standards

Part 9A: inserted, on 1 April 2016, by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).

142A Object of this Part

(1)

The object of this Part is to provide additional enforcement measures to promote the more effective enforcement of employment standards (especially minimum entitlement provisions) by—

(a)

providing for a Labour Inspector to apply to the court for—

(i)

declarations of breach in relation to breaches of minimum entitlement provisions that are serious:

(ii)

pecuniary penalty orders for breaches of minimum entitlement provisions that are serious:

(iii)

compensation orders for serious breaches of minimum entitlement provisions to compensate employees who have suffered or are likely to suffer loss or damage as a result:

(iv)

banning orders based on certain grounds, including persistent breach of employment standards; and

(b)

making insurance for pecuniary penalties unlawful; and

(c)

providing for—

(i)

what is meant by being involved in a breach of employment standards; and

(ii)

when states of mind or conduct by certain persons are to be attributed to bodies corporate and principals; and

(d)

providing certain defences to breaches of minimum entitlement provisions.

(2)

The provisions in this Part are in addition to the provisions in—

Section 142A: inserted, on 1 April 2016, by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).