Improvement notices

Heading: inserted, on 1 April 2011, by section 37 of the Employment Relations Amendment Act 2010 (2010 No 125).

223D Labour Inspector may issue improvement notice

(1)

A Labour Inspector who believes on reasonable grounds that any employer is failing, or has failed, to comply with any provision of the relevant Acts may issue the employer with an improvement notice that requires the employer to comply with the provision.

(2)

An improvement notice issued under subsection (1) must state—

(a)

the provision that the Labour Inspector reasonably believes that the employer is failing, or has failed, to comply with; and

(b)

the Labour Inspector’s reasons for believing that the employer is failing, or has failed, to comply with the provision; and

(c)

the nature and extent of the employer’s failure to comply with the provision; and

(d)

the steps that the employer could take to comply with the provision; and

(e)

the date before which the employer must comply with the provision.

(3)

An improvement notice may state the nature and extent of any loss suffered by any employee as a result of the employer’s failure to comply with the provision (if applicable).

(4)

An improvement notice may be issued—

(a)

by giving it to the employer concerned; or

(b)

if the employer does not accept the improvement notice, by leaving it in the employer’s presence and drawing the employer’s attention to it.

(5)

An improvement notice may not be issued in the period commencing on 17 December and ending with the close of 8 January in the following year.

(6)

An improvement notice may be enforced by the making by the Authority of a compliance order under section 137.

Section 223D: inserted, on 1 April 2011, by section 37 of the Employment Relations Amendment Act 2010 (2010 No 125).