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Question Details: I'm thinking of attending a protest, but i dont know my rights and responsibilities regarding protest action and employment law. Can you please clarify?
Filed under Employment Law | 1083 View(s)
Community Law Wellington & Hutt Valley
Yes, your employer can discipline you or deduct your pay if you miss a work day for a reason that is not allowed by your employment agreement or the Employment Relations Act 2000. We have not seen any employment agreements which allow "protest leave". You will need to comply with your work processes for getting time off.
It is a bit different if the protest action is part of a strike relating to your work. Then your employer can suspend you without pay for the duration of the strike. However, your employer must not discriminate against you after the strike in terms of wages or working hours. You can find more information about this by clicking here: www.dol.govt.nz.
In addition, the Employment Relations Act 2000 would allow you to pursue a personal grievance, if you think your employer has taken an unjustified action which has affected your employment. This could be a potential course of action if your protest was a work-related strike and your employer has done more than suspend you for the duration of the strike. Click here to see the process relating to personal grievance claims: www.communitylaw.org.nz.
Answered 9 May 2013. The IMPORTANT NOTICE below is part of this answer.
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