irrespective of the employment relationship and are more declarative (as in the case of trade union operations), or administrative (as in the operation of the Employment Relations Authority) in nature. Trade unions Section 110 of the ER Act prohibits employers from discriminating against employees for their involvement (or non-involvement) in a union or other employees organisation. The ER Act acknowledges that there is an "inherent inequality of power in employment relationships" and promotes collective bargaining (Section 3) as a way of evening up the power disparity between employers and employees. It also "recognise(s) the role of unions in promoting their members' collective employment interests" in Section 12. Other important recognition's contained in the Act include: Part 4: Recognises the operation of unions generally; Part 5: Recognises the right to collective bargaining, and; Part 8: Recognises the right to strike. Right to association Under Part 3 of the ER Act trade unions in New Zealand have the right to association: (a) employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their collective employment interests; and (b) no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union. Employment Relations Authority Under section 157 the Employment Relations Authority is defined as an investigative body that examines the facts of the case, as opposed to legal technicalities, in seeking to resolve problems with the parties' employment relationship. Human Rights Act 1993 The Human Rights Act 1993 expressly prohibits discrimination on certain stated grounds including sex, race, family status, political opinion and the like. It applies to almost all aspects of employment including job advertisement, application forms, interviews and job offers. It also applies to unpaid workers and independent contractors. The ERA expressly applies the HRA to employment matters. Discrimination Workplace discrimination is dealt with under the Human Rights Act 1993. Discrimination in employment can involve: Refusal or failure to offer and employee the same terms of employment, conditions of work, fringe benefits or opportunities as other employees with the same or similar qualifications, experience or skills working in the same or similar circumstances; Dismissal or detriment by the employer in circumstances in which other employees doing the same kind of work are not, or