Starting and leaving a job
Your legal rights as a worker: Where they come from
Your guaranteed minimum rights that come from outside your employment agreement
Rights set by Acts like the Employment Relations Act
The Employment Relations Act sets out the basic legal framework for things like negotiating and entering into employment agreements, belonging to a union, going on strike, and resolving employment problems.
Other Acts set out minimum conditions that apply to all employees (although you’re also free to negotiate better conditions with your employer). For example, the Holidays Act sets out your minimum rights to annual leave, public (“statutory”) holidays, sick leave and bereavement leave. Minimum wage rates are provided for by the Minimum Wage Act 1983.
Other Acts give you minimum protections in certain areas. For example, the Health and Safety at Work Act requires your employer to provide a safe workplace, while the Human Rights Act 1993 requires employers to treat all employees equally, regardless of factors such as race, gender and relationship status (see: “Discrimination”).
Employers should act in “good faith”
Employment Relations Act 2000, s 4
“Good faith” is a central part of employment law. This means employers, employees and unions must deal with each other openly, honestly and constructively.
The duty of good faith applies when unions and employers are negotiating collective agreements and when existing employees are negotiating new individual agreements. But it also applies to the ongoing relationship between employers, employees and their unions after an agreement is made.
