State Services Conditions of Employment Amendment Act 1978
State Services Conditions of Employment Amendment Act 1978
Checking for alerts... Loading...
State Services Conditions of Employment Amendment Act 1978
State Services Conditions of Employment Amendment Act 1978
Public Act |
1978 No 41 |
|
Date of assent |
9 October 1978 |
|
Contents
An Act to amend the State Services Conditions of Employment Act 1977
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the State Services Conditions of Employment Amendment Act 1978, and shall be read together with and deemed part of the State Services Conditions of Employment Act 1977 (hereinafter referred to as the principal Act).
2 Penalties and presumptions
(1)
Section 67 of the principal Act is hereby amended—
(a)
By omitting from subsection (1), and also from subsection (3), the words “commits an offence and shall be liable on summary conviction to a fine”
, and substituting in each case the words “shall be liable to a penalty”
:
(b)
By omitting from subsection (5) the words “any offence against”
, and substituting the words “a breach of”
:
(c)
By omitting from subsection (5) the words “commits an offence and shall be liable on summary conviction”
, and substituting the words “shall be liable”
:
(d)
By omitting from paragraphs (a) to (d) of subsection (5) the word “fine”
wherever it appears, and substituting in each case the word “penalty”
:
(e)
By omitting from subsection (6) the words “an offence against”
, and substituting the words “the recovery of a penalty for a breach of”
.
(2)
Section 68 of the principal Act is hereby amended—
(a)
By omitting from subsection (1), and also from subsection (3), the words “commits an offence and shall be liable on summary conviction to a fine”
, and substituting in each case the words “shall be liable to a penalty”
:
(b)
By omitting from subsection (4) the words “any offence against”
, and substituting the words “a breach of”
:
(c)
By omitting from subsection (4) the words “commits an offence and shall be liable on summary conviction”
, and substituting the words “shall be liable”
:
(d)
By omitting from paragraphs (a) to (d) of subsection (4) the word “fine”
wherever it appears, and substituting in each case the word “penalty”
:
(e)
By omitting from subsection (5) the words “an offence against”
, and substituting the words “the recovery of a penalty for a breach of”
.
(3)
The said section 68 is hereby further amended by inserting, after subsection (4), the following subsections:
“(4a)
Where it is proved that employees in the State services who are employed in an export slaughterhouse within the meaning of the Meat Act 1964 have, without notice of intention to strike having been given in accordance with subsection (1)(a) of this section or before the expiry of any such notice, committed (other than for the purposes of a stop work meeting authorised by the employer) one or more of the acts described in paragraphs (a) to (e) of section 63(1) of this Act, the service organisation to which those employees belong shall be deemed to have instigated a strike in contravention of subsection (4) of this section unless the service organisation proves that the act or acts were not due to any combination, agreement, common understanding, or concerted action, whether express or implied, made or entered into by any employees.
“(4b)
Where it is proved that a person, being an employer of employees in the State services who are employed in an export slaughterhouse within the meaning of the Meat Act 1964 has, without notice of intention to lock out having been given in accordance with subsection (3)(a) of this section or before the expiry of any such notice, committed in relation to any such employees who are employed in that slaughter-, house one or more of the acts described in paragraphs (a) to (d) of section 64(1) of this Act, that person shall be deemed to have contravened subsection (3) of this section unless he proves that the act or acts were not done with a view to compelling any employees, or to aid another employing authority or employer in compelling any employees, to accept conditions of employment or comply with any demands made by the employing authority or the employer.
“(4c)
No action for the recovery of any penalty for a contravention of subsection (1) of this section shall be commenced or continued against any employee for doing or being concerned in doing anything in the nature of a strike if judgment has already been entered under subsection (4) of this section, in respect of the same matter, against any service organisation of which the employee was a member when the alleged contravention occurred.”
(4)
Section 70 of the principal Act is hereby amended—
(a)
By omitting from subsection (3) the words “commits an offence and is liable on summary conviction”
, and substituting the words “is liable”
:
(b)
By omitting from paragraphs (a) and (b) of subsection (3) the word “fine”
wherever it appears, and substituting in each case the word “penalty”
:
(c)
By omitting from subsection (4)(a)(ii) the words “an offence”
, and substituting the words “a contravention of this section”
:
(d)
By omitting from subsection (5) the words “an offence against”
, and substituting the words “the recovery of a penalty for a contravention of”
.
(5)
Section 74 of the principal Act is hereby amended by omitting the words “against whom a prosecution may be brought in respect of an offence against”
, and substituting the words “by whom liability for a penalty may be incurred under”
.
(6)
Section 75(1) of the principal Act is hereby amended by omitting the words “constitute an offence against”
, and substituting the words “make that person liable for a penalty under”
.
3 Enforcement of penalties
The principal Act is hereby amended by repealing section 73, and substituting the following section:
“73
“(1)
Magistrates’ Courts shall have jurisdiction to hear and determine any action for the recovery of any penalty provided for in this Act; and sections 151 to 157 of the Industrial Relations Act 1973 (except subsections (1), (5), and (6) of section 151) shall apply accordingly with all necessary modifications.
“(2)
Any action for the recovery of a penalty provided for in section 67 or section 68 or section 70 of this Act may be brought—
“(a)
In the case of an alleged breach of section 67 or section 68 of this Act (being a breach alleged to have been committed by an employee or, in the case of a breach of section 67(5) or section 68(4) of this Act, in relation to an alleged strike by an employee), only at the suit of the employing authority for the branch of the State services to which the employee belongs:
“(b)
In the case of an alleged breach of section 67 or section 68 of this Act (being a breach alleged to have been committed by an employer or, in the case of a breach of section 67(5) or section 68(4) of this Act in relation to an alleged lockout by an employer), only at the suit of the service organisation in relation to the branch of the State services to which the employee alleged to have been locked out belongs:
“(c)
In the case of an alleged breach of section 70 of this Act, only at the suit of a service organisation or an employing authority.
“(3)
If any penalty adjudged to be paid by any service organisation in respect of any contravention of this Act is not paid in full within one month after the date when it was adjudged to be paid or within such further time as may be allowed or fixed for the payment thereof, all persons who were members of that service organisation at the time when the contravention occurred and who belonged to the group or class of employees involved in the contravention shall be jointly and severally liable to pay the penalty as if it had been adjudged to be payable by them personally (except that no person shall be liable under this subsection for a larger sum than $50 on account of any such penalty).
“(4)
For the purposes of subsection (3) of this section, a certificate under the hand of the Registrar of a Magistrate’s Court stating the amount of any penalty remaining unpaid by any service organisation and the names of any persons who are jointly and severally liable to pay that amount by virtue of subsection (3) of this section may be filed in the office of a Magistrate’s Court and every such certificate shall, unless a Magistrate otherwise directs, be conclusive evidence of the liability of the persons so named as being jointly and severally liable.”
This Act is administered in the State Services Commission.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
State Services Conditions of Employment Amendment Act 1978
RSS feed link copied, you can now paste this link into your feed reader.