New Zealand (NZ)
New Zealand is an English-speaking Pacific country known for high trust institutions, dramatic landscapes, outdoor life, and a pragmatic immigration system built around skills, family, study, and investment.
Employment Rights
Sick leave, dismissal protection and red flags in New Zealand.
New Zealand employment law is governed primarily by the Employment Relations Act 2000 and the Holidays Act 2003, supplemented by the Minimum Wage Act 1983 and the Human Rights Act 1993. All minimum rights apply regardless of immigration status; migrant workers have the same entitlements as citizens. Employment disputes are mediated by Employment New Zealand (Ministry of Business, Innovation and Employment) and adjudicated by the Employment Relations Authority (ERA) and the Employment Court. Migrant exploitation can be reported to Employment New Zealand or Immigration New Zealand. The practical New Zealand pattern involves written agreements, good-faith obligations, Holidays Act calculations, personal grievance deadlines, and strong concern about migrant underpayment in sectors such as hospitality, horticulture, construction, cleaning, care, and small retail.
Sick leave
Rules: Eligible employees get 10 days paid sick leave each year after 6 months, with carry-over up to 20 days unless the agreement is more generous. Sick leave can generally be used for the employee or a dependent person such as a spouse/partner, child, or someone who depends on the employee for care.
Doctor note: An employer can ask for proof; if requested within the first 3 calendar days, the employer generally pays reasonable costs.
Employer pay: Paid at relevant daily pay or average daily pay under Holidays Act rules. Payroll mistakes around otherwise working days, variable hours, commission, and public-holiday weeks are common.
Long-term: There is no broad employer-funded long-term sick pay like some European systems. ACC may cover accidents, but ordinary illness requires savings, sick leave, income protection, or welfare eligibility.
Dismissal protection
Law: Dismissal must be substantively justified and procedurally fair under the Employment Relations Act 2000. Employers must investigate, raise concerns, allow the employee to respond, consider alternatives, and avoid predetermined outcomes. Unjustified dismissal gives rise to a personal grievance claim for reinstatement and/or compensation.
Deadline to sue: 90 days from the date of the dismissal or the action giving rise to the grievance. The 90-day deadline is a hard limit for most claims; failure to raise the grievance within 90 days will almost always bar the claim. Raise a written grievance with the employer first; if unresolved, file with the Employment Relations Authority. Sexual harassment grievances have separate rules but workers should still act within 90 days where possible.
Probation
Probation and trial periods must be in the written employment agreement and follow strict rules. A 90-day trial clause is technical: it must be agreed before work starts and may only be available to qualifying employers. A bad clause can be invalid.
Notice periods
Notice depends on the employment agreement; 2–4 weeks is common for most employees; senior and professional roles typically 4–8 weeks. Payment in lieu of notice requires specific contract wording. There is no statutory notice scaling by length of service — the agreement governs.
Working time
Max hours: No single 48-hour cap like the EU, but agreements must state hours and health/safety rules apply. Availability clauses and zero-hour style arrangements have specific restrictions.
Min rest: Paid rest breaks and unpaid meal breaks depend on shift length. Employers must provide breaks or, only in limited cases, reasonable compensation where breaks cannot be provided.
Overtime: Overtime rates are not automatic unless in the agreement. Salaried employees should check whether long hours are genuinely included and whether minimum wage is still met across actual hours.
Vacation
4 weeks paid annual holidays after 12 months continuous employment, plus public holiday rights. Employees working on a public holiday that would otherwise be a working day may be entitled to time-and-a-half and an alternative holiday.
Anti-discrimination
Human Rights Act and employment law prohibit discrimination on protected grounds including race, sex, disability, age, family status, religious belief, political opinion, employment status, and sexual orientation. Bullying is usually handled through health and safety/employment processes rather than one single bullying statute.
Contract red flags
- !No written employment agreement
- !Pay below NZ$23.95/hour adult minimum from 1 April 2026
- !Employer keeps passport
- !Cash-back wages or paying money to keep a job
- !Unpaid trial work beyond a genuine assessment
- !Contractor label but employee control
- !Availability clause without compensation or genuine reason
- !Deductions not clearly authorised in writing
- !Restraint of trade wider than the role justifies
- !Visa threats by employer
- !Accommodation tied to job with unclear rent/deduction terms
- !Roster changes that break visa, childcare, or fatigue limits
Employment Rights
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