Ep 122 N8 21st June 2024 Back To The Future Section 83 And The PG

Tonights zoom is a very good reminder of the accuracy and power of the original Section 83 letters which Liz crafted back in early 2022.

The S83 letter clearly raises a PG - Personal Grievance as described in the Employment Relations Act, with the PCBU/Employer.
The term PCBU showed employers and their legal teams, even when under "the Order" that they needed to comply with the HSWA, and Section 83 is under that act.

Employment Relations Act
A PG must be raised within 90 days of the employee telling the employer of the problem occurring as per section 114(7)(b)
Unjustified Disadvantage - Section 103(1)(b) in the course of employment.

The Section 83 letter was trying to bring the employers attention to what they should be doing - but they were so brainwashed they had no ears to hear and are in big trouble now, hence why N8 is settling so many cases now. Many have finally realised how stoopid they were!

Section 114(6) employee has a max of 3 years to bring a case against the employer
A PG needs to be specific to your employer such as "you attempted to force an untested medical treatment on me, using coercion and bullying if I did not comply and I do not accept that being part of my employment".

The employer's job is to identify hazards - not bring them in to the workplace.

Employers should have been using the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 not "Guidance or advice from MoH who have nothing to do with workplace safety or people's private businesses.

The box-ticking "Risk Assessments" that were carried out never used the HSW Regulations which they should have.
Clause 5 talks about "Identifying Hazards" and clause 6 talks about "Hierarchy of Control Measures" which in no way does forcing vaccinations on employees, play any part.

A zoom participant mentioned farmers having to jabbed to have their milk picked up - this is a breach of contract situation and farmers have a grounds to sue Fonterra.

A very good zoom once again thanks to our amazing Liz!