Liability of persons involved in breach, bodies corporate, and principals

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

142W Involvement in breaches

(1)

In this Act, a person is involved in a breach if the breach is a breach of employment standards and the person—

(a)

has aided, abetted, counselled, or procured the breach; or

(b)

has induced, whether by threats or promises or otherwise, the breach; or

(c)

has been in any way, directly or indirectly, knowingly concerned in, or party to, the breach; or

(d)

has conspired with others to effect the breach.

(2)

However, if the breach is a breach by an entity such as a company, partnership, limited partnership, or sole trader, a person who occupies a position in the entity may be treated as a person involved in the breach only if that person is an officer of the entity.

(3)

For the purposes of subsection (2), the following persons are to be treated as officers of an entity:

(a)

a person occupying the position of a director of a company if the entity is a company:

(b)

a partner if the entity is a partnership:

(c)

a general partner if the entity is a limited partnership:

(d)

a person occupying a position comparable with that of a director of a company if the entity is not a company, partnership, or limited partnership:

(e)

any other person occupying a position in the entity if the person is in a position to exercise significant influence over the management or administration of the entity.

(4)

This section does not apply to proceedings for offences.

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

Section 142W(2): replaced, on 31 March 2017, by section 6 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).

Section 142W(3): replaced, on 31 March 2017, by section 6 of the Regulatory Systems (Workplace Relations) Amendment Act 2017 (2017 No 13).