Employment Law

Swearing in the workplace: can I be dismissed for swearing at work?

Can swearing justify dismissal? Swearing? We are all guilty of doing it to some extent, but what about in the workplace? Is it acceptable and if so, to what degree? Can your employer discipline you for an outburst of expletives? Swearing in the workplace is common in some industries, but in certain circumstances it can …

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Workplace restructuring: what employers need to know

Employers may consider workplace restructuring for a range of reasons, including the need to reduce costs, respond to changing business conditions or reorganise how work is carried out. What is a workplace restructure? Restructuring can have a significant impact on both employers and employees, so it is important that any proposed changes are supported by …

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Holidays Act: could change finally be on the horizon?

2026 Update The Employment Leave Act 2026 received Royal Assent on 6 August 2026, see our update here: Employment Leave Act 2026: What employers need to know ________ Earlier this week the Workplace Relations and Safety Minister Brooke Van Velden gave a speech to the Auckland Business Chamber, reiterating her priorities following the conclusion of …

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Employment law changes: what they mean for New Zealand employers

2026 Update New  Zealand’s employment law framework has undergone significant reform, including the introduction of the Employment Relations Amendment Act 2026 (“Act”). See our update here: Employment law changes: Employment Relations Amendment Act 2026 ________ On Monday 11 December 2023, the new three-party Coalition Government confirmed that the Fair Pay Agreements Act 2022 would be …

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Summertime hours: a flexible alternative to a pay rise

Given economic conditions facing employers in New Zealand, it is predicted that pay rises for employees will be at far lower levels than those seen during the past two years. However, employees are also aware of the relatively tight labour market and are themselves facing increased living costs, which may mean they are willing to …

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Gloriavale women declared employees by Employment Court

Chief Judge Inglis of the Employment Court has delivered her anticipated decision declaring six Gloriavale women as employees for their time at the remote Westland Christian community. Serenity Pilgrim, Pearl Valor, Rose Standtrue, Virginia Courage, Anna Courage, and Crystal Loyal referred to as the “Gloriavale Six” by the media, were all born into Gloriavale and …

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Extended timeframe for raising sexual harassment personal grievances

How long do employees have to raise a sexual harassment personal grievance? Amendments to the Employment Relations Act 2000 mean that employees have 12 months to raise a personal grievance relating to sexual harassment in circumstances where the extended timeframe applies. The new law extends the timeframe for employees to raise a personal grievance with …

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Fair Pay Agreements Act 2022

The Fair Pay Agreements Act 2022 came into effect on 1 December 2022. The Act creates a statutory framework for collective bargaining for Fair Pay Agreements (FPA) that provides for a mandatory, sector-wide collective bargaining regime. FPAs will also supplement collective bargaining between unions and employees, as well as bargaining for individual terms and conditions. …

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Uber drivers succeed in being declared employees in the Employment Court

Last week the Employment Court released its decision in which it has found in favour of four Uber drivers, ruling that they are deemed to be employees rather than independent contractors. This is in contrast to an earlier decision of the Employment Court in 2020 which held an Uber driver was not an employee. Employment …

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An employee focused approach in a recent case involving dress codes

The Employment Relations Authority has recently found that an employer unjustifiably dismissed an employee after they refused to cover their newly dyed blue hair. Background The Employment Relations Authority (ERA) has ordered an employer to pay their former employee nearly $10,000 after she was summarily dismissed without notice for divisive behaviour and refusal to comply …

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