Employment Rights in New Zealand
Understanding your rights and protections in the workplace
Basic Employment Rights
- ✓ Right to minimum wage
- ✓ Right to regular pay
- ✓ Right to annual leave
- ✓ Right to sick leave
- ✓ Right to bereavement leave
- ✓ Right to public holidays
Workplace Safety Rights
- ✓ Right to safe working conditions
- ✓ Right to health and safety training
- ✓ Right to refuse unsafe work
- ✓ Right to report safety concerns
- ✓ Right to safety equipment
- ✓ Right to accident compensation
Protection Rights
- ✓ Protection from discrimination
- ✓ Protection from harassment
- ✓ Protection from unfair dismissal
- ✓ Right to join unions
- ✓ Right to collective bargaining
- ✓ Protection for whistleblowers
Leave Entitlements
Annual Leave
Minimum 4 weeks per year- • Accrues from first day of employment
- • Can be taken after 12 months
- • Paid at ordinary weekly pay
- • Can be cashed up (maximum 1 week per year)
Sick Leave
Minimum 10 days per year- • Available after 6 months employment
- • Can be used for own illness
- • Can be used for dependents' illness
- • Unused leave can accumulate
Bereavement Leave
3 days for immediate family- • Available from first day
- • 1 day for other relatives
- • Paid at ordinary weekly pay
- • Additional unpaid leave may be available
Unfair Dismissal
When termination is unjustified or procedurally unfair
Available Remedies:
- • Personal grievance claim
- • Reinstatement to position
- • Compensation for losses
- • Lost wages recovery
- • Humiliation compensation
Discrimination
Unfair treatment based on protected characteristics
Available Remedies:
- • Human Rights Commission complaint
- • Employment Relations Authority claim
- • Compensation for harm
- • Policy changes
- • Training requirements
Workplace Harassment
Unwelcome behavior that creates hostile environment
Available Remedies:
- • Internal complaint process
- • Personal grievance claim
- • Compensation for distress
- • Workplace policy changes
- • Training and education
Dispute Resolution Process
1
Internal Resolution
Try to resolve issues within the workplace first
- • Discuss with supervisor or HR
- • Follow company procedures
- • Document all interactions
- • Seek union assistance if applicable
2
Mediation
Use mediation services to reach agreement
- • Contact Employment Relations Service
- • Attend mediation sessions
- • Work toward mutual agreement
- • Document any settlement
3
Employment Relations Authority
Formal investigation and determination
- • File personal grievance
- • Attend investigation meetings
- • Present evidence and arguments
- • Receive binding determination
Key Employment Legislation
Employment Relations Act 2000
The main employment law in New Zealand, covering:
- Employment agreements and terms
- Personal grievance procedures
- Collective bargaining rights
- Union membership rights
- Dispute resolution processes
Holidays Act 2003
Governs leave entitlements including:
- Annual leave provisions
- Sick leave entitlements
- Bereavement leave rights
- Public holiday entitlements
- Parental leave provisions
Health and Safety at Work Act 2015
Ensures workplace safety through:
- Employer duty of care
- Worker participation rights
- Safety training requirements
- Incident reporting obligations
- Right to refuse unsafe work
Need Help with Employment Issues?
Our employment lawyers can help you understand and protect your workplace rights.