Whether you’ve been working for a while, are new to the New Zealand workforce, or are a first-time worker straight out of school or university, understanding your rights as an employee is essential for knowing what to do if something goes wrong.
This article outlines key aspects of NZ employment laws, including employment agreements, wages, leave entitlements, workplace safety, and protections against unfair treatment.
Employment Agreements
All employees must have a written employment agreement, whether they are on a permanent, fixed-term, or casual contract. There are two main types:
1. Individual Employment Agreements: A contract between a single employee and their employer.
2. Collective Employment Agreements: A contract negotiated between a union and an employer that covers multiple employees.
Employment agreements must include:
Job title and description
Pay and working hours
Leave entitlements
Notice period for termination
Any additional terms and conditions
Minimum Wage and Pay Rights
Employees are entitled to at least the minimum wage, which is reviewed annually by the government. As of April 1st 2025, the adult minimum wage is $23.50 per hour.
Other wage categories include:
Starting-out wage: The minimum wage for young workers (16-19 years old) in their first six months of employment, which is $18.80 per hour.
Training wage: The minimum wage for employees completing recognised industry training, which is $18.80 per hour.
Employers must provide pay slips, pay at least time and a half for public holidays worked, and cannot deduct wages unfairly.
Leave Entitlements
Employees have various leave entitlements, including:
Annual Leave: At least 4 weeks of paid leave per year after 12 months of continuous employment.
Public Holidays: New Zealand has 11 public holidays, and if required to work on one, employees are entitled to being paid at least time-and-a-half per hour. You may also be entitled to a day in lieu (alternative holiday/paid day off).
Sick Leave: Employees get 10 days of paid sick leave per year after 6 months of continuous employment. This sick leave accrues and carries on into the next year, and can accumulate up to a maximum of 20 days in total.
Bereavement Leave: Employees are entitled to 3 days leave for the loss of a close family member (e.g., spouse, parent, child), or a miscarriage/stillbirth. They are also entitled to 1 day leave for the death of non-immediate family depending on closeness and responsibilities. This applies after 6 months of continuous employment.
Parental Leave: Eligible employees (at least 6 months of continuous employment) can receive up to 26 weeks of paid parental leave from the government, and unpaid extended leave of up to 52 weeks.
Health and Safety at Work
The Health and Safety at Work Act 2015 requires employers to ensure a safe working environment. This includes:
Providing proper training and protective equipment.
Identifying and minimising workplace hazards.
Allowing workers to refuse unsafe work without penalty.
Reporting workplace injuries and illnesses to WorkSafe New Zealand.
Employees also have a responsibility to follow safety guidelines and report risks.
Workplace Protections and Rights
Protection Against Discrimination or Bullying
Based on the Human Rights Acts 1993, employers cannot discriminate based on age, gender, race, disability, religion, or sexual orientation. Furthermore, workplace harassment and bullying are prohibited, and employees can report such behavior to WorkSafe or the Human Rights Commission.
If you file a complaint for bullying or harassment, your employer needs to conduct a thorough investigation, and should take appropriate disciplinary action.
If you are unsatisfied with the outcome, you can file a personal grievance (within 90 days) and seek mediation through Employment New Zealand. You can also escalate your matter to the Employment Relations Authority (ERA) if mediation is unable to reach a resolution.
Rest and Meal Breaks
Employees are entitled to paid 10-minute rest breaks and unpaid 30-minute meal breaks, depending on their working hours. For example, if working 4-6 hours, you are entitled to 1 paid 10-minute break, and 1 unpaid 30-minute meal break. Your number of breaks increases the more hours you work.
You and your employer should decide on appropriate break timing depending on the nature of your job. If you are breastfeeding, your employer must provide you with the appropriate facilities, and these particular breaks can be paid or unpaid depending on workplace policies. Compensation in place of breaks is only allowed in essential or national security roles.
Fair Dismissal and Redundancy
Employers must follow a fair and legal process when terminating employment. Unfair dismissals and redundancies occur when you have been let go from your job without a valid reason, and/or a fair process.
Unless you’ve committed serious misconduct, you must be given fair notice as stated in your employment agreement, and you can raise a personal grievance within 90 days (or 12 months for sexual harassment claims) if you believe your dismissal was unfair. Unfair dismissal or unjustified redundancy can be challenged through the Employment Relations Authority (ERA).
What to do if your Rights are Violated
If you believe your rights are being breached, you can:
1. Talk to your employer: Many issues can be resolved through thorough and direct communication.
2. Seek advice: Employment relations specialists can provide guidance regarding your next steps.
3. Contact Employment Services: Employment New Zealand offers free advice and mediation services, as well as countless resources to keep yourself informed.
Final Thoughts
New Zealand has strong protections for employees, ensuring fair pay, safe workplaces, and legal safeguards against mistreatment. Knowing your rights is the first step toward a fair and respectful work environment. If you ever feel uncertain, seek advice from employment relations specialists to ensure your rights are upheld.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 0800 450 032.
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