Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834851172.pdf (New Zealand)
Employment Relations Amendment Act 2015 Public Act 2015 No 73 Date of assent 4 September 2015 Commencement see section 2 Contents Title Commencement Principal Act Section 67B amended (Effect of trial provision under section 67A) Section 103 amended (Personal grievance) Section 104 amended (Discrimination) Section 107 amended (Definition of involvement in activities of union for purposes of section 104) New section 110A inserted (Adverse conduct for prohibited health and safety reason) 110A Adverse conduct for prohibited health and safety reason Section 111 amended (Definitions relating to personal grievances) Section 137 amended (Power of Authority to order compliance) Section 138 amended (Further provisions relating to compliance order by Authority) Schedule 1A amended Page 1 1 2 2 2 2 2 2 2 3 3 4 4 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Employment Relations Amendment Act 2015.
2 (1) Commencement This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing dif- 1 s 3 Employment Relations Amendment Act 2015 2015 No 73 ferent provisions into force on different dates and appointing different dates for different purposes.

(2) Any provision that has not earlier been brought into force comes into force on 3 4 5 1 January 2018.
Principal Act This Act amends the Employment Relations Act 2000 (the principal Act).

Section 67B amended (Effect of trial provision under section 67A) In section 67B(3), replace “section 103(1)(b) to (g)” with “section 103(1)(b) to (h)”.
Section 103 amended (Personal grievance) After section 103(1)(g), insert: (h) that the employee’s employer has, in relation to the employee,— (i) (ii) engaged in adverse conduct for a prohibited health and safety rea- son; or contravened section 92 of the Health and Safety at Work Act 2015 (which prohibits coercion or inducement).
6 Section 104 amended (Discrimination) In section 104(1), delete “or by reason directly or indirectly of that employee’s refusal to do work under section 28A of the Health and Safety in Employment Act 1992,”.

Section 107 amended (Definition of involvement in activities of union for purposes of section 104) Repeal section 107(2).
New section 110A inserted (Adverse conduct for prohibited health and safety reason) After section 110, insert: 7 8 110A Adverse conduct for prohibited health and safety reason (1) For the purposes of this Part, an employer engages in adverse conduct for a prohibited health and safety reason if the employer or a representative of the employer, for a prohibited health and safety reason,— dismisses an employee; or refuses or omits to offer or afford to the employee the same terms of em- ployment, conditions of work, fringe benefits, or opportunities for train- ing, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills em- ployed in the same or substantially similar circumstances; or (a) (b) 2 2015 No 73 Employment Relations Amendment Act 2015 s 10 (c) (d) subjects the employee to any detriment in circumstances in which other employees employed by the employer in work of that description are not or would not be subjected to such detriment; or retires the employee, or requires or causes the employee to retire or re- sign.
(2) For the purposes of subsection (1), conduct described in that section is engaged in for a prohibited health and safety reason if it is engaged in for a reason de- scribed in section 89 of the Health and Safety at Work Act 2015.

(3) An employer may be found to have engaged in adverse conduct for a prohibi- ted health and safety reason only if the prohibited health and safety reason was a substantial reason for the conduct.
(4) For the purposes of subsection (3), a prohibited health and safety reason is pre- sumed to be a substantial reason for the conduct unless the employer proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.
(5) It is a defence to an action for a personal grievance under section 103(1)(h)(i) if the employer proves that— (a) (b) the conduct was reasonable in the circumstances; and a substantial reason for the conduct was to comply with the requirements of the Health and Safety at Work Act 2015 or other relevant health and safety legislation (as defined in section 16 of that Act).
(6) For the purposes of this section,— (a) an employer also engages in adverse conduct if the employer or a repre- sentative of the employer, in relation to the employee,— (i) (ii) organises to take any action referred to in subsection (1) or threat- ens to organise or take that action; or requests, instructs, induces, encourages, authorises, or assists an- other person to engage in adverse conduct for a prohibited health and safety reason: (b) detriment includes anything that has a detrimental effect on the employ- ee’s employment, job performance, or job satisfaction.
9 Section 111 amended (Definitions relating to personal grievances) In section 111, replace “and duress have in any employment agreement the meanings given to those terms by sections 103, 104, 105, 106, 107, 108, 109, and 110” with “duress, and adverse conduct for prohibited health and safe- ty reason have in any employment agreement the meanings given to those terms by sections 103, 104, 105, 106, 107, 108, 109, 110, and 110A”.
10 Section 137 amended (Power of Authority to order compliance) Repeal section 137(1)(a)(xi) and (4)(b).

3 s 11 11 Employment Relations Amendment Act 2015 2015 No 73 Section 138 amended (Further provisions relating to compliance order by Authority) Repeal section 138(1)(b)(ii).

12 Schedule 1A amended In paragraph (f), replace “place of work (within the meaning of the Health and Safety in Employment Act 1992)” with “workplace”.
25 August 2015 27 August 2015 4 September 2015 Legislative history Divided from Health and Safety Reform Bill (Bill 192–2) as Bill 192–3D Third reading Royal assent This Act is administered by the Ministry of Business, Innovation, and Employment.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2015 4