For those serving in the Armed Forces, a common question arises: “Do I have an employment agreement?” The simple answer is no. Unlike civilian employees, members of the Armed Forces do not serve under an employment agreement. Instead, their service is by virtue of an oath of allegiance.
The Oath of Allegiance: A Unique Relationship
To become part of the Armed Forces, individuals make a solemn attestation:
“I, [name], solemnly promise and swear that I will be faithful and bear true allegiance to our Sovereign Lady the Queen, her heirs and successors, and that I will faithfully serve in the New Zealand Naval Forces/the New Zealand Army/the Royal New Zealand Air Force, and that I will loyally observe and obey all orders of Her Majesty, her heirs and successors, and of the officers set over me, until I shall be lawfully discharged. So help me God.”
This oath signifies a unique relationship with the Crown, distinct from a standard employer-employee dynamic. The legal framework governing a member’s service is a blend of statute, common law, and prerogative. Key to this framework is the understanding that a member of the Armed Forces serves at the pleasure of the Crown and holds an obligation of loyalty and obedience to the Crown and their superior officers.
While the New Zealand Defence Force (NZDF) may not have the same reciprocal obligation of loyalty towards individual service people as a civilian employer, the Crown is still bound to act reasonably and lawfully. This means that when a decision is made that could adversely affect a member of the Armed Forces, the person making that decision must adhere to principles of natural justice, reasonableness, and the law. These principles are vital, impacting both the process leading to the decision and the decision itself.
Why No Employment Agreement?
Section 45(5) of the Defence Act 1990 explicitly states that nothing in the Employment Relations Act 2000 applies to the conditions of service of members of the Armed Forces. This legislative exclusion means that a service person cannot raise a personal grievance or utilise many of the other employment processes typically available to civilian employees.
Navigating Challenges and Asserting Rights
Given that members of the Armed Forces cannot negotiate their conditions of service and decisions can be made more unilaterally than for civilian employees, the right to complain and seek resolution is critically important. Members make significant sacrifices, relying on their senior officers to treat them fairly and in accordance with established rules. While this usually occurs, human systems are not infallible, and mistakes or poor decisions can unfortunately be made.
However, the absence of an employment agreement does not mean a lack of recourse. There are alternative ways for service people to resolve issues, including making formal complaints or pursuing judicial review proceedings. Choosing a legal professional who is well-versed in these specific avenues is crucial to ensuring you have the best chance of achieving your desired outcome.
If you believe you have been treated unfairly, understanding your options and navigating the appropriate channels is important. Frontline Law possesses the expertise to provide expert advice and support you through whichever process you choose, helping you achieve the best possible resolution.
Frontline Law is a team of talented lawyers, most of whom have previously served in the Armed Forces, New Zealand Police, and other uniformed organisations.
The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.
*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.
