Unfair treatment, discrimination or harassment at work
Hours, shifts and second jobs: Breaches of
Taking a personal grievance for breaches of rules around hours, shifts and second jobs
Employment Relations Act 2000, ss 67C-67H, s 103(1)(h), (i)
You can bring a personal grievance if your employer:
- has disadvantaged you by breaching the rule that any verbal agreement between you about your hours must be stated in your written employment agreement
- has disadvantaged you by breaching the rules around availability clauses and “zero-hour” contracts, or if they treated you unfairly because you exercised your right to turn down work when you didn’t have a valid availability clause in your agreement
- has disadvantaged you by breaching the rules around cancelling shifts
- has disadvantaged you by unreasonably preventing you from also working for other employers.
For information on your rights around work hours, see the chapter “Employment conditions and protections”, under “Hours, shifts and breaks”.
For information on your rights around working second jobs, see the chapter “Starting and leaving a job”, under “Starting work and negotiating an agreement”.