Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill (Consistent) [2009] NZBORARp 49 (11 August 2009)

Last Updated: 28 April 2020

Employment Relations (Statutory Minimum Redundancy

Entitlements) Amendment Bill

11 August 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

EMPLOYMENT RELATIONS (STATUTORY MINIMUM REDUNDANCY ENTITLEMENTS) AMENDMENT BILL

1. We have considered whether the Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill (the ‘Bill’), a Member’s Bill in the name of Darien Fenton MP, is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). The Bill was introduced into the House of Representatives on 5 August

2009 and is currently awaiting its first reading. We understand that the next

Members’ Day is scheduled for Wednesday, 19 August 2009.

2. The Bill proposes to amend the Employment Relations Act 2000 by introducing the following minimum entitlements to notice and compensation in the event an employee is made redundant:

• Four weeks’ remuneration for the first year of continuous employment,

• Two weeks’ remuneration for each subsequent year of employment up to a maximum of 26 weeks, and

• four weeks’ notice of termination.

The Bill also directs the Department of Labour to conduct a public education campaign regarding the new entitlements within twelve months of the Bill receiving Royal Assent and to report to the House within six months of the conclusion of that campaign. The minimum entitlements in the Bill will come into force one year after the Bill receives the Royal Assent.

We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in

relation to the Employment Relations (Statutory Minimum Redundancy Entitlements) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.