Employment Relations Act 2000

140AA Sanctions for breaches without compliance order

(1)

This section applies in relation to an order, determination, direction, or requirement referred to in section 137(1)(b) or 139(1)(b).

(2)

If, after the order, determination, direction, or requirement is made or given, there has been non-observance of or non-compliance with the order, determination, direction, or requirement, the court may, on the application of a Labour Inspector, do 1 or more of the things specified in section 140(6)(a) to (e) without first making a compliance order.

(3)

However, the court must not do any of the things specified in section 140(6)(a) to (e) unless the court—

(a)

has provided the person in default with the opportunity to make submissions to the court; and

(b)

is satisfied that—

(i)

the matter arises from a breach of employment standards and relates to the payment of wages or other money owed, or penalties ordered, as a result of the breach; and

(ii)

the matter involves a breach that was not minor or inadvertent; and

(iii)

there was no reasonable excuse for the breach; and

(iv)

there are reasonable grounds for believing that, if a compliance order were made, the person in default would not comply with it.

Section 140AA: inserted, on 1 April 2016, by section 16 of the Employment Relations Amendment Act 2016 (2016 No 9).