Employment Law Overview

Employment law covers the rights and responsibilities of employees, employers, and unions.
The primary piece of legislation is the Employment Relations Act 2000 (ERA), which is underpinned by the fundamental duty of good faith between all parties.

1. Employment Agreements

  • Written Agreement: Every employee must have a written employment agreement, which can be individual or collective (union).
  • Minimum Entitlements: The agreement cannot offer less than the minimum rights set out in various acts, such as the minimum wage, annual holidays, sick leave, etc.

2. Key Employee Rights and Minimum Entitlements

  • Minimum Wage: Employees must be paid at least the current minimum wage for every hour worked.

Holidays and Leave

  • Annual Holidays: A minimum of 4 weeks paid annual holidays after 12 months of continuous service.
  • Sick Leave: A minimum of 10 days paid sick leave per year after 6 months of continuous service.
  • Public Holidays: Paid time off for up to 12 public holidays.
    • If an employee works a public holiday that is an “otherwise working day,” they must be paid at least time-and-a-half and are entitled to an alternative paid holiday.
  • Bereavement Leave and Family Violence Leave: Both are statutory entitlements.
  • Rest and Meal Breaks: Employees are entitled to minimum paid rest breaks and unpaid meal breaks depending on the hours worked.

3. Ending Employment

  • Termination/Dismissal: An employer can only terminate employment for a justifiable reason (e.g. redundancy, misconduct, or poor performance) and must follow a fair and reasonable process.
    This typically involves:

    • Investigating concerns
    • Raising them with the employee
    • Providing an opportunity to respond (with a representative if requested)
    • Genuinely considering the response

  • Personal Grievance: Employees can raise a personal grievance against their employer if they believe they have been unjustifiably dismissed or disadvantaged, or subjected to discrimination, sexual harassment, or duress.
    Disputes are encouraged to be resolved through mediation first.

4. Discrimination and Health & Safety

  • Discrimination: It is unlawful to discriminate against an employee based on characteristics like gender, race, age, disability, religious belief, sexual orientation, etc. (covered by the Human Rights Act 1993).
  • Health and Safety: Employers have primary responsibility for their employees’ health and safety in the workplace, as required by the Health and Safety at Work Act 2015.

5. Dispute Resolution

  • The system strongly encourages resolving employment problems first through discussion, then through mediation.
  • If a dispute cannot be resolved, it can be taken to the Employment Relations Authority (ERA), and then potentially appealed to the Employment Court.

Disclaimer: This is AI-generated and general information, not legal advice.
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