Employment Law9 min read8 November 2024

Employment Rights in New Zealand: What Every Worker Must Know

NZ employment law explained — minimum wage, leave entitlements, 90-day trials, unjustified dismissal, and how to raise a personal grievance.

⚠️This article provides legal information only, not legal advice. Laws change — always verify with current legislation at legislation.govt.nz. For advice on your specific situation, consult a qualified NZ lawyer.

Your Employment Rights Under NZ Law

New Zealand employees are protected by the Employment Relations Act 2000 and the Holidays Act 2003. These apply to almost everyone working in NZ — permanent, fixed-term, and casual employees.


Minimum Wage (2024)

| Category | Rate (from 1 April 2024) |

|----------|--------------------------|

| Adult minimum wage | $23.15 per hour |

| Starting-out wage | $18.52 per hour |

| Training minimum wage | $18.52 per hour |

Your employer cannot pay you below these rates — it is illegal.


Leave Entitlements

After 12 months of continuous employment, you are entitled to:

·4 weeks' annual leave per year (prorated if part-time)
·10 days' sick leave per year (from 24 July 2021)
·Bereavement leave — 3 days for close family, 1 day for others
·Domestic violence leave — 10 days per year
·Parental leave — up to 26 weeks primary carer leave (eligible after 6 months)

You are entitled to 11 public holidays per year, paid if they fall on a day you would normally work.


90-Day Trial Periods

Employers with 19 or fewer employees can include a 90-day trial period in an employment agreement. During the trial, the employer can dismiss you without you being able to raise a personal grievance for unjustified dismissal — but the trial must be:

1.Agreed in writing before you start work
2.In your employment agreement
3.With proper notice given when terminating

If these conditions aren't met, the trial period is invalid and you have full employment protection from day one.


Unjustified Dismissal

Your employer must have a substantive and procedurally fair reason to dismiss you. They must:

1.Have a genuine reason (poor performance, serious misconduct, redundancy)
2.Give you a chance to respond before deciding
3.Follow a fair process

If they don't, you can raise a personal grievance within 90 days of the dismissal.


Raising a Personal Grievance

A personal grievance is a formal complaint to your employer about:

·Unjustified dismissal
·Unjustified disadvantage (e.g., demotion, reduced hours)
·Discrimination
·Sexual or racial harassment
·Duress regarding union membership

Step 1: Raise it with your employer in writing within 90 days.

Step 2: If unresolved, apply to Employment Mediation Services (free, run by MBIE).

Step 3: If still unresolved, take it to the Employment Relations Authority (ERA).

Remedies can include reinstatement, lost wages, and compensation for humiliation.


Redundancy Rights

There is no minimum redundancy payment required by law in NZ unless your employment agreement specifies one. However, your employer must:

·Follow a fair selection process
·Consult you genuinely before deciding
·Consider redeployment to other roles
·Give proper notice (as per your agreement)

If the redundancy process is not genuine or fair, you can raise a personal grievance.


Key Contacts

·Employment NZ (MBIE): employment.govt.nz
·Free mediation: 0800 20 90 20
·Employment Relations Authority: era.govt.nz

LexNZ provides legal information only — not legal advice. For your specific situation, consult a registered NZ employment lawyer or your local Community Law Centre.

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