Employment Law FAQ - New Zealand

How much does an employment lawyer cost in New Zealand?

Employment lawyers in NZ typically charge $250-$500 per hour. Initial consultations often cost $200-$350. Personal grievance cases may cost $3,000-$15,000 depending on complexity.

What is a personal grievance in New Zealand?

A personal grievance is a complaint an employee can raise against their employer for:

• Unjustified dismissal - fired without good reason or fair process
• Unjustified disadvantage - treated unfairly in employment
• Discrimination - based on protected grounds
• Sexual or racial harassment
• Duress - pressured regarding union membership

What are my rights if I'm made redundant in NZ?

Redundancy must be genuine and follow a fair process:

• Genuine reason: The position must actually no longer exist
• Fair process: Employer must consult with you before deciding
• Notice period: You're entitled to your contractual notice period
• Annual leave: Payment for any unused leave
• Redundancy pay: Only if specified in your employment agreement

What is unfair dismissal in New Zealand?

Called "unjustified dismissal" in NZ, this occurs when:

• Dismissed without a good, substantive reason
• No proper investigation was conducted
• You weren't given a chance to respond to allegations
• The process was predetermined or biased
• The punishment didn't fit the alleged misconduct

Even if there's a good reason for dismissal, an unfair process can make it unjustified.

How long do I have to raise a personal grievance?

90 days from when the grievance occurred or came to your attention. This deadline is strict. The Employment Relations Authority can grant extensions only in exceptional circumstances where it's "just" to do so.

Can I record conversations at work in New Zealand?

In NZ, you can legally record conversations you're part of without telling others (one-party consent). However:

• Workplace policies may prohibit recordings
• Secret recordings can damage trust and relationships
• Courts may still accept recordings as evidence
• Using recordings inappropriately could be misconduct

Consider carefully whether recording is appropriate for your situation.

What is a 90-day trial period in NZ?

A 90-day trial period allows employers with fewer than 20 employees to dismiss new employees within 90 days without personal grievance rights for unjustified dismissal.

Even during trial periods, you're still protected from discrimination and harassment.

What should I do if I'm being bullied at work?

Steps to take if you're experiencing workplace bullying:

1. Document everything - dates, times, what happened, witnesses
2. Report in writing - to your manager or HR
3. Follow up - keep records of your complaints and responses
4. Seek support - union, EAP, or external help
5. Personal grievance - if not resolved, you may have grounds
6. WorkSafe - can investigate serious health and safety concerns

Do I need a lawyer for the Employment Relations Authority?

You don't legally need a lawyer for ERA proceedings, but representation is strongly recommended. The process involves:

• Complex legal and procedural requirements
• Evidence gathering and presentation
• Cross-examination of witnesses
• Legal submissions and arguments

Many people represent themselves but often achieve better outcomes with professional help.

What compensation can I get for unjustified dismissal?

The Employment Relations Authority can award:

• Reinstatement: Getting your job back
• Lost wages: Typically 3-6 months' salary (sometimes more)
• Compensation for hurt and humiliation: Up to $70,000 (typically $5,000-$25,000)
• Costs contribution: Towards your legal fees