Understanding the Employment Leave Act

Senior Associate and former MBIE Senior Labour Inspector Lynn Booker summarises the changes proposed by the reform of the Holidays Act 2003, and what the new Employment Leave Act could mean for employers.   I imagine for a lot of employers it’s a “here we go again” moment. We have been told several times over the past few years that changes are coming that will simplify the Holidays Act 2003 and make it easier for employer to implement and employees

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Medical incapacity due to mental health in the New Zealand workplace

Navigating the complexities of medical incapacity due to mental health in the workplace is a growing challenge faced by employers across New Zealand. Here, Senior Associate Raymond Wheeler provides practical advice for managing these sensitive situations where an employee’s mental health is impacted by factors outside of the work environment.   Across New Zealand, employers are seeing a rise in staff absences due to mental health conditions. When faced with this situation, a key consideration for employers is whether the

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Criminal vs Employment Investigations in New Zealand | Guidance for Employers

Navigating the intersection of criminal law and employment investigations can be challenging for employers and employees alike. In this article, Senior Associate Graham Emery explores the crucial distinctions between criminal and employment investigations in New Zealand, and outlines the considerations and rights involved in each process.   How to deal with employee misconduct that might also be a criminal matter is one of the trickiest challenges employers face. It’s a challenging place to be—you want to act fairly, protect your

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Collective Bargaining Landscape – July 2025

As we pass the midpoint of 2025, the collective bargaining landscape in New Zealand is marked by economic strain, legislative upheaval, and rising industrial action. Employers, employees, and unions are navigating a tense and transitional environment shaped by inflation, wage pressures, and significant changes to employment law. Pay Equity changes: An end to the current process The Coalition Government rushed through significant changes in May 2025 to lift the bar for pay equity claims and cancel all current pay equity

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Navigating the Employment Relations Amendment Bill 2025

Significant shifts are proposed for New Zealand’s workplace law landscape and the Employment Relations Act 2000. With the indication that the Employment Relations Amendment Bill will be passed into law before the end of the year, we summarise the changes and our view of the impacts for employers. Contractors vs Employees – Greater Clarity Under the new rules, genuinely independent contractors (“specified contractors”) will sit outside the Act’s employment-law umbrella. To qualify, a contractor must have: A written contract confirming

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30-day rule for new employees to be repealed

The Coalition Government has today announced changes to employment regulations relating to collective agreements, to be included in the Employment Relations Amendment Bill due to be introduced this year. Here, we summarise the changes and assesses what the impacts may be for employers and employees. — The rules relating to employers’ obligations to new employees around collective agreements are due to change, following the Coalition Government’s announcement regarding the proposed repeal of the 30-day rule, which applied the terms of

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Collective Bargaining Landscape – March 2025

As 2025 unfolds, collective bargaining in New Zealand is being shaped by economic conditions, legislative changes, and shifting labour market dynamics. The repeal of the Fair Pay Agreements Act, alongside a government keen on tightening fiscal constraints, has created a challenging environment for negotiations. Perspectives from employees, employers and unions illustrate the complexity of these negotiations, with each party facing distinct pressures and priorities. The Employee perspective For employees, the economic outlook is mixed. While unemployment has risen to 5.1%

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Employment Relations changes in 2025

2025 is shaping up to bring significant changes to employment law to in New Zealand. In this update, we summarise the key changes that employers and employees need to be aware of. Increase to the minimum wage From April 1st, the minimum wage will increase to $23.50 per hour. Employers must ensure that they are paying at least this amount by the specified date to avoid any compliance issues. Employers should check their payroll now to avoid any surprises. Gateway

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Hiring After a Restructuring Process

For employers who are navigating organisational change, a careful consultation process is often the focus. However, there are several employment issues that may come out of a restructuring process which need to be handled with care. Employers looking to hire after restructuring process may have the following questions: Do we have to offer vacant roles to affected employees first? Can we hire externally if affected employees don’t have the skills and attributes for the new role? We want to advertise

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High pay, high risk? The $180K cap on unjustified dismissals

This morning, Brooke Van Velden, Minister for Workplace Relations, announced that the proposed amendment to introduce a $180,000 per annum income threshold, above which employees cannot file personal grievances for unjustified dismissal, would be phased in over 12 months. Framed as a way to give employers more flexibility, this change could significantly impact workplace culture and leadership dynamics. Workplace impact One of the most obvious impacts of this change will be on trust and job security for senior employees. People

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