Posted on: Jun 05, 2013

In a recent case, an employee was awarded compensation of $750 because her employer did not advise her of her right pursuant to part 6D of the Employment Relations Act 2000 (the Act) to take two paid ten-minute breaks during her working day. The employee had been employed for three years. The Employment Relations Authority said the Act required the employer to be proactive and ensure that what was required to be done was done.

Note that there is currently a Bill proposing a more flexible rest and meal break regime. If this goes ahead, employers will be required to give employees these breaks or provide compensatory measures. The timing of such breaks, however, will be able to be negotiated for practicability within the workplace with an employer being able to make the final decision where agreement cannot be reached. That there will be circumstances in which breaks might need to be restricted is also envisaged.


This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.