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New Zealand (4) > Freedom of association, collective bargaining and industrial relations

Name: Employment Relations (Triangular Employment) Amendment Act 2019 (2019 No 36).
Country: New Zealand
Subject(s): Freedom of association, collective bargaining and industrial relations
Type of legislation: Law, Act
Adopted on: 2020-06-27
Entry into force:
ISN: NZL-2020-L-110028
Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=110028&p_lang=en
Bibliography: Legislation on-line Legislation on-line www.legislation.govt.nz, Parliamentary Counsel Office, New Zealand PDF PDF (DOC.NORMES) (consulted on 2020-06-23)
Abstract/Citation: The Employment Relations (Triangular Employment) Amendment Act regulates triangular employment – such as a labour hire model – where someone is employed by one employer, but working under another business or organisation that directs or controls the employee’s day-to-day work (a controlling third party).

Currently, employees can only bring a personal grievance – such as for harassment or discrimination – against their employer. For people in triangular employment situations, this limits their ability to raise a grievance, as often the actions that lead to them taking a claim are those of the controlling third party they are working with, rather than the person actually employing them.

The law allows either the employee or the employer to apply to the Employment Relations Authority to join a third party to a personal grievance claim, and for remedies to be apportioned to the responsible parties.
Amended text(s):

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