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Unfair bargaining – what is it?

The Employment Relations Act 2000 promotes good faith bargaining.  It also recognises that there may be situations where there is an imbalance of power when negotiating employment agreements.  Young people in particular may be vulnerable when negotiating an employment agreement for the first time.

The law states that bargaining is deemed to be unfair if an employee or potential employee (or someone acting on their behalf) is, at the time of entering into the agreement

  • unable to adequately understand the agreement or its implications, or
  • that they reasonably relied on the advice of the employer, or
  • was induced to enter into or is induced into signing the agreement by oppressive means, or
  • did not have the information or opportunity to seek further advice about the agreement, because of their diminished capacity due (for example) to age, sickness, mental, educational or linguistic disability, or emotional distress.

This applies when the job is offered and accepted, or at any time when an individual employment agreement is being negotiated or amended.

If you believe that your child or a young person you represent has been subjected to unfair bargaining, the first of all talk to the employer about it.  Employees have the right to have anyone represent them, providing they give authority to do so.  It may also be appropriate to seek independent legal advice about the issue. 

If you are unable to resolve the matter, then mediation may be an option.  Failing this, the Employment Relations Authority may, upon hearing the matter, make an order varying or cancelling the agreement, and even in some circumstances order payment of compensation.

For further information call 0800 20 90 20 to discuss with an Information Officer.

Is an employment agreement binding if the person signing the agreement is under the age of 18?

Yes, it is.  The Minors Contracts Act 1969 allows for people under the age of 18 to enter into a contract of service (i.e. an employment relationship between an employer and an employee) as if they were of full age. 

As with any young person though, it is important that they receive help and guidance when entering into an employment relationship or agreeing to new terms and conditions.  All employees have the right to representation when dealing with their employer.  (Prospective) employers must also provide a copy of the intended agreement to the (intended) employee, and give them the opportunity to take it away and seek advice. 

Call 0800 20 90 20 to discuss with an Information Officer.

Can I be present when my child is discussing matters with their employer?

Yes, you can.  All employees have the right to representation when dealing with their employer for any matter.  They may choose anyone they wish to represent them.  Discuss with your child whether they would like you to be present when dealing with their employer.  However, if you feel that your child’s interests would be best placed by having you present, then explain to them why you need to be present. 

For further information call 0800 20 90 20 to discuss with an Information Officer.