Key Areas Covered

  • Personal grievances and unjustified dismissal
  • Redundancy and restructuring processes
  • Employment agreements and trial periods
  • Leave entitlements (annual, sick, bereavement, parental)
  • Minimum wage and wage deductions
  • Health and safety duties
  • Discrimination, harassment and bullying
  • Collective bargaining and union rights

Common Questions

What are my rights if I am dismissed unfairly in New Zealand?

An employee who believes they were dismissed without good reason, or without a fair process, can raise a personal grievance for unjustified dismissal under section 103(1)(a) of the Employment Relations Act 2000. The test is set by section 103A: whether the employer's actions, and how it acted, were what a fair and reasonable employer could have done in all the circumstances at the time. Remedies under section 123 include reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings, and reinstatement. A grievance must generally be raised with the employer within 90 days of the action occurring or coming to the employee's notice (section 114); for grievances involving sexual harassment the period is 12 months. Outside that window the employee needs the employer's consent or leave of the Employment Relations Authority under section 115.

How much notice must an employer give for redundancy in New Zealand?

There is no statutory minimum notice period for redundancy in New Zealand — the required notice is whatever the employment agreement specifies, so the agreement is always the starting point. That does not make a redundancy automatically lawful. The employer must still have a genuine commercial reason and must follow a fair process, judged against the section 103A test in the Employment Relations Act 2000, and must deal with the employee in good faith under section 4. In practice that means consulting the employee with enough information and genuine opportunity to respond before the decision is made, not after. A redundancy that is genuine but badly handled can still found an unjustified dismissal grievance.

What leave am I entitled to under New Zealand employment law?

The Holidays Act 2003 sets minimum entitlements that an employment agreement cannot reduce. Employees are entitled to four weeks of paid annual holidays after 12 months of continuous employment (section 16). Sick leave is 10 days per year, available after six months of continuous employment and accruing on each subsequent 12-month anniversary, with up to 20 days able to be carried over. Employees are also entitled to bereavement leave, family violence leave, and paid public holidays where the day would otherwise be a working day. Parental leave is governed separately by the Parental Leave and Employment Protection Act 1987.

Can a New Zealand employer use a 90-day trial period?

Trial periods are governed by sections 67A and 67B of the Employment Relations Act 2000. A trial period of up to 90 days is available to employers of any size following the 2023 amendment — previously it was limited to employers with fewer than 20 employees. To be valid, the trial provision must be in writing in the employment agreement and agreed before the employee starts work; a trial period cannot be applied to someone who has previously worked for that employer. Where a valid trial period applies and the employer terminates within it, the employee cannot bring a personal grievance for unjustified dismissal. Other grievances remain available — an employee can still claim discrimination, harassment, or unjustified disadvantage.

What is the minimum wage in New Zealand?

Minimum wage rates are set under the Minimum Wage Act 1983 and adjusted by Order in Council, normally with effect from 1 April each year, so the current figure should always be checked against the rate in force. There are three rates: the adult minimum wage, the starting-out rate, and the training rate, with the latter two available only in defined circumstances. The minimum applies to actual hours worked, and the Wages Protection Act 1983 restricts what an employer may deduct from wages — most deductions require the employee's written consent.

This page summarises New Zealand legislation for research purposes. It is not legal advice and does not create a lawyer-client relationship. Statutory provisions change — always check the current text of the Act.