Employee Essentials : FAQs

When are employees entitled to annual holidays?
Employees get 4 weeks’ paid annual holidays after 12 months of continuous employment. Entitlements don’t expire until taken, cashed up, or paid out at employment end.

Can employees cash up annual holidays?
Yes, employees can request to cash up to 1 week of their 4-week entitlement per year, paid at the greater of OWP or AWE. Employers can refuse but must respond in writing. Additional weeks can be cashed up if entitled beyond 4 weeks.

What happens during an annual closedown?
Employees with annual holidays use them; those without enough may take holidays in advance or unpaid leave. Employees not yet entitled get 8% of gross earnings since their start/last anniversary, and their anniversary date may shift.

What records must employers keep?
A: Employers must keep accurate records of hours, wages, holidays, and leave to ensure compliance with employment laws.

Where can employees seek help for employment disputes or family violence?
For employment issues, can access more information here.

What should I do if I test positive for COVID-19?
Health New Zealand recommends isolating for at least 5 days. Inform your employer if you need to isolate. You can use sick leave, and if none is available, discuss options like advance sick leave, paid special leave, annual leave, or unpaid leave with your employer.

Can my employer require me to work while sick with COVID-19?
No, asking a sick employee to work could risk others’ health and create safety issues, especially in roles involving equipment or vehicles. If you’re not unwell, you may be able to work from home.

What if I have long COVID?
Long COVID should be treated like any long-term illness. Discuss your situation with your employer in good faith, referencing your employment agreement for support options.

When can employers deduct from an employee’s pay?
Deductions are allowed if required by law (e.g., PAYE, student loans), agreed in writing for a legal/reasonable purpose, due to specific overpayments (e.g., absence, strike), or court-directed. Consultation is required, and deductions must be reasonable.

Is it legal to charge employees a fee for getting or keeping a job?
No, charging premiums or fees for employment, including third-party payments or wage recycling, is illegal. Deductions for training/recruitment costs tied to early termination may be considered premiums.

What are my privacy rights at work?
Under the Privacy Act 2020, you have the right to know why your personal information is collected, who receives it, and how it’s used. You can request access to or correction of your information. Employers must safeguard your data and notify the Privacy Commissioner of serious breaches within 72 hours.

Can my employer monitor or record me?
Employers can monitor or record you but must comply with the Privacy Act and Employment Relations Act. They should have a policy explaining why and when monitoring occurs, consult employees, and consider impacts on morale. Secret recording without consent may breach good faith.

Can my employer search my personal belongings?
No, unless there’s a clear, legal reason, such as a policy allowing searches for safety or security reasons.

Can my employer contact me outside work hours?
They should avoid this unless it’s necessary, like for emergencies, on-call duties, or unexplained absences. Check your employment agreement for specific terms.

What does 'good faith' mean in an employment relationship?

Good faith is a core principle requiring honesty, openness, and fairness. It means:

• Not acting in a misleading or deceptive way.

• Being responsive and communicative.

• Providing relevant information and a chance to comment before decisions that may negatively affect your employment.

• Being honest, respectful, and keeping an open mind.

What are my rights during the hiring process?

Employers must:

• Not discriminate based on prohibited grounds like sex, age, or disability.

• Comply with the Privacy Act 2020 when handling your personal information.

• Provide a written employment agreement with a clear job description before you start.

• Negotiate fairly and clarify any questions you have about the agreement.

Do I have to disclose criminal convictions or health conditions when applying for a job?

• Criminal convictions: You must disclose convictions if asked, unless covered by the Criminal Records (Clean Slate) Act 2004. Employers need your written consent for a criminal record check.

• Health conditions: You don’t have to disclose disabilities or health conditions unless they affect your ability to do the job or workplace safety. If you do disclose, employers must handle this information under the Privacy Act 2020 and may need to provide reasonable accommodations.

What is the difference between a trial period and a probationary period?

• Trial Period (up to 90 days):

  • Only for new employees with no prior employment with the employer.

  • Must be in the employment agreement before starting work.

  • Employers can dismiss you without giving a reason, and you cannot raise a personal grievance for unjustified dismissal (unless it’s for discrimination or harassment).

• Probationary Period:

  • Can be for any length, agreed in the employment agreement.

  • Can apply to new or existing employees changing roles.

  • Employers must give a reason for dismissal, provide feedback, and follow a fair process.

Can I be employed on a trial period if I’m a union member?

If you’re covered by a collective agreement, a trial period cannot be included in your individual terms if it contradicts the collective agreement. Check with your union for clarification.

What types of employees are there, and how do they differ?

• Permanent: Ongoing employment, full-time or part-time, with guaranteed hours and full employment rights.

• Fixed-term: Temporary employment ending on a specific date or event (e.g., project completion), with full employment rights during the term.

• Casual: Work only when offered and accepted, with no guaranteed hours or expectation of ongoing work, but still entitled to minimum employment rights like minimum wage.

Can I change from permanent to casual employment?

Yes, if you and your employer agree. You should sign a new casual employment agreement, and any owed annual or alternative holidays from permanent employment must be paid out in your final pay. Changes must be in writing and agreed upon.

What are my rights as a young employee (under 20)?

• Under 16: No minimum wage applies, and work hours must be outside school hours and not between 10pm and 6am.

• Under 15: Cannot work in hazardous areas (e.g., construction, logging) or with machinery, unless in an office or retail area.

• Under 18: Cannot work in restricted areas of licensed premises (unless for specific tasks like cleaning) or the sex industry.

• Under 20: Cannot work in casino gambling areas or perform gambling-related duties. You’re entitled to the same employment agreement protections, and those under 18 should seek advice from parents or guardians.

What protections do I have as a transgender employee?

• You’re protected from discrimination based on gender identity under the Human Rights Act 1993.

• Employers cannot refuse to hire, dismiss, or pressure you to resign due to your gender identity.

• You don’t have to disclose your gender identity, and employers must support transitions (e.g., updating names, pronouns, or allowing use of facilities matching your gender identity).

• Employers should create an action plan with you to manage transitions and inform colleagues respectfully.

What happens if my employer breaches good faith?

• If you believe your employer has breached good faith (e.g., misleading you or not following a fair process), raise your concerns early to allow them to remedy the situation.

• You may seek mediation or apply to the Employment Relations Authority for a penalty or to fix collective agreement provisions if applicable.

• Breaches could lead to penalties if they undermine the employment relationship.

What are my rights during collective bargaining?

If you’re part of a union involved in collective bargaining:

• Your employer and union must act in good faith, being honest, communicative, and not undermining the process.

• You’re entitled to information about proposals that could affect your job and an opportunity to comment.

• Employers cannot pressure you to opt out of collective bargaining or a collective agreement.

What should I do if I’m offered a job subject to checks or tests?

• If the job offer is conditional on checks (e.g., criminal record or references), ensure the offer letter clearly states what happens if results are unsatisfactory.

• If you’ve started work and checks fail, the employer may need to follow a formal dismissal process. Communicate with them to avoid misunderstandings.

Can I be asked to do unpaid work during a job interview?

• You may be asked to perform short, relevant tasks to assess your skills (e.g., a barista making a few coffees), but these must be clearly part of the interview process and not paid.

• If the tasks resemble actual work or benefit the business financially, they may be considered employment, and you should be paid.

What are my minimum employment entitlements?

As an employee, you’re entitled to:

• At least the minimum wage for hours worked.

• Annual holidays, sick leave, and other leave entitlements under the Holidays Act.

• A safe workplace under the Health and Safety at Work Act 2015.

• Protection from discrimination under the Human Rights Act 1993.

• A written employment agreement outlining your rights and responsibilities.

How do I resign from my job?

To resign, notify your employer in writing, giving the notice period specified in your employment agreement. If no notice period is specified, reasonable notice (typically 2-4 weeks) is required. Keep a record of your resignation to avoid misunderstandings.

Can I withdraw my resignation after submitting it?

You can ask to withdraw your resignation, but your employer is not obligated to agree. It’s best to discuss this with your employer as soon as possible and confirm any agreements in writing.

What is constructive dismissal, and how can I recognize it?

Constructive dismissal occurs when your employer’s actions (or inaction) make your workplace so intolerable that you feel forced to resign. Examples include bullying, unpaid wages, or drastic changes to your hours without agreement. If this happens, raise your concerns with your employer first, as you may be able to file a personal grievance.

Can my employer dismiss me without reason?

No, your employer must have a good reason (e.g., misconduct, redundancy) and follow a fair process to dismiss you. If you believe you’ve been unfairly dismissed, you can raise a personal grievance within 90 days.

What happens if I’m absent from work without notice?

If you’re absent without explanation for an extended period, your employer may consider it abandonment of employment. They should attempt to contact you before terminating your employment. Ensure you have a reasonable explanation and communicate with your employer to avoid this.

Am I entitled to redundancy compensation?

You’re only entitled to redundancy compensation if it’s specified in your employment agreement. Your employer must follow a fair process, explore redeployment options, and give proper notice before making you redundant.

What should I do on my last day of employment?

Return any company property (e.g., uniforms, equipment), set up out-of-office messages, and ensure work is handed over. You can request a statement of service or reference, though your employer isn’t required to provide a reference. Your final pay, including unused holidays, should be paid on your last day or by the next scheduled payday.

What are my rights if I suspect workplace exploitation?

You’re entitled to a safe workplace, minimum wage, holiday and leave entitlements, and fair treatment. If you suspect exploitation (e.g., unpaid wages, forced work), you can report it to the Labour Inspectorate or seek help from your union. Migrant workers have the same rights as New Zealand workers.

How can I tell if my employer is following ethical work practices?

Check if your employer has a code of conduct, provides written employment agreements, pays at least the minimum wage, and maintains accurate wage and leave records. You can also ask about their policies on worker treatment and whether they conduct audits to ensure compliance with employment standards.

What should I do if I’m asked to pay to get or keep a job?

It’s illegal for an employer to charge you a fee (premium) to get or keep a job. If this happens, report it to the Labour Inspectorate and do not pay the fee. Check your employment agreement for any unlawful clauses requiring repayment of costs.

How can I ensure my workplace is fair and sustainable?

Look for signs of fair treatment, such as transparent pay, access to leave, and policies against bullying or discrimination. You can use employee-voice platforms or whistleblowing channels to report concerns anonymously. If your workplace has a union, they can advocate for better conditions.

What should I do if I’m not receiving my minimum employment entitlements?

Raise the issue with your employer first. If unresolved, contact the Labour Inspectorate or your union for support. You may also file a personal grievance for issues like unpaid wages or denied leave, typically within 90 days of the issue arising.

Can my employer deduct money from my wages without my consent?

No, deductions from your wages (beyond legal requirements like tax) must have your written consent and be reasonable. If you notice unauthorized deductions, discuss it with your employer and, if necessary, report it to the Labour Inspectorate.

What must be included in an employee’s final pay?
Final pay includes wages until employment ends, all owed holiday pay (8% of gross earnings for <12 months or remaining holidays plus 8% since last anniversary for ≥12 months), alternative holidays at RDP/ADP, and other agreed payments.

How are public holidays handled in final pay?
A: Employees may be entitled to public holidays within unused annual holiday periods after their last day, treated as taken immediately after employment ends, paid at RDP/ADP.

Can I request flexible working arrangements?
Yes, you can request changes to hours, days, methods, or work location at any time, for any reason. Submit your request in writing, referencing Part 6AA of the Employment Relations Act 2000, and explain the arrangement, start/end dates, and business impacts. Your employer must respond within 1 month, considering the request in good faith.

What if my flexible working request is declined?
Employers can decline for specific business reasons, like inability to reorganize work or negative impacts on performance. They must provide written reasons. If the process wasn’t followed, you can complain to a Labour Inspector, potentially leading to mediation or an ERA penalty.

What should I consider if working from home?
Ensure your employment agreement is updated for location changes. Discuss equipment needs with your employer, who may provide it or offer allowances. Address health and safety risks, like social isolation, and ensure compliance with security and privacy policies.

What is a PCBU under the HSWA?

A Person Conducting a Business or Undertaking (PCBU) is a broad term used to describe most New Zealand businesses or organizations, including large corporates, sole traders, self-employed individuals, government departments, schools, and charities. It excludes volunteer associations with no employees and home occupiers.

What qualifies as a workplace under the HSWA?

A workplace is any place where a worker goes or is likely to be while working, or where work is customarily carried out. For farms, this includes farm buildings and immediately surrounding areas used for operations, but not the family home unless work is being conducted there.

What is the primary duty of care for a PCBU?

A PCBU must ensure, so far as is reasonably practicable, the health and safety of its workers, other workers it influences or directs, and others who could be at risk from its work (e.g., customers, visitors). This includes maintaining safe work environments, plant, structures, systems, and providing adequate facilities, training, and monitoring.

What does “reasonably practicable” mean?

“Reasonably practicable” involves assessing what is possible to ensure health and safety and determining what is reasonable based on the likelihood and severity of harm, knowledge of hazards and controls, availability of control measures, and cost proportionality. Risks must be eliminated if possible; otherwise, they must be minimised.

Do volunteer organisations have health and safety duties under HSWA?

Volunteer organisations are not PCBUs if they consist solely of volunteers and have no employees. They have no HSWA duties but must take reasonable care under common law. If they employ anyone, they are a PCBU and must comply with HSWA duties.

What are the responsibilities of volunteers under HSWA?

Volunteers must take reasonable care of their own health and safety, ensure their actions do not harm others, and comply with reasonable health and safety instructions. Volunteer workers must also cooperate with PCBU policies and procedures.

How should PCBUs manage health and safety risks?

PCBUs must identify hazards, assess risks (who might be harmed, how, and how severely), and manage risks by eliminating them if reasonably practicable or minimizing them using a hierarchy of control measures. Worker engagement is essential in this process.

What are the key considerations for setting up a home workstation?

A home workstation should include an adjustable chair, external mouse/keyboard, and a screen at eye level. Ensure a safe location (no trip hazards, working electrical equipment), proper chair and desk height, and take regular breaks to avoid discomfort or injury. Control environmental factors like lighting, noise, and temperature.

How can PCBUs manage mental health risks for workers working from home?

PCBUs should engage with workers to identify hazards, provide suitable equipment, and support mental health through clear work boundaries, social connections (e.g., video chats, team events), good work design (e.g., achievable tasks, flexible schedules), and encouraging early reporting of concerns.

What is fatigue, and how can PCBUs manage it?

Fatigue is physical or mental exhaustion that reduces work performance and safety. PCBUs can manage it by designing smart rosters (e.g., limiting night shifts, ensuring rest breaks), minimizing environmental stressors, supporting emotional wellbeing, and training workers on fatigue management.

What are the effects of shift work on workers?

Shift work can lead to poorer health (e.g., sleep issues, obesity, depression), lower functioning (e.g., slower reactions, memory issues), increased incidents, and higher turnover. It disrupts sleep, circadian rhythms, and work-life balance, increasing fatigue risks.

What is work-related stress, and how can it be addressed?

Work-related stress arises from excessive demands, poor work design, or negative workplace behaviors. PCBUs can address it by setting achievable demands, matching skills to tasks, involving workers in decisions, training managers to identify stress, and providing counseling or support services.

What constitutes workplace bullying?

Workplace bullying involves repeated, unreasonable behaviors (e.g., verbal abuse, belittling, exclusion, unachievable tasks) that humiliate, intimidate, or offend, creating health and safety risks. It can occur at any level, in person or online, and during or outside work hours.

What is sexual harassment, and where can it occur?

Sexual harassment is unwelcome or offensive sexual behavior that is repeated or serious enough to cause harm. It includes unwanted advances, suggestive comments, or sharing offensive materials. It can occur at work, online, or during work-related functions.

How should PCBUs manage bullying and harassment risks?

PCBUs must eliminate or minimize risks by implementing codes of conduct, establishing accessible reporting procedures, providing training, fostering a positive culture, and acting promptly on reports with fair investigations. They should also offer support services and protect against retaliation.

What should workers do if they experience bullying or harassment?

Workers should record incident details, discuss concerns with the person (if safe), report to a manager or Health and Safety Representative (HSR), request mediation, or submit a formal complaint. External help is available from the Police, Human Rights Commission, or Employment Relations Authority.

What role do bystanders play in addressing bullying and harassment?

Bystanders can speak up safely, report incidents (with permission), provide witness statements, and access PCBU support. They are protected from retaliation for reporting concerns.

How can Health and Safety Representatives (HSRs) help with bullying and harassment?

HSRs can help develop policies, advise workers on reporting, submit reports on behalf of workers (with permission), and act as support persons during investigations, provided they are trained and avoid conflicts of interest.

What external support is available for bullying and harassment issues?

Workers can seek help from the Police (for violence), Human Rights Commission (for discrimination or sexual harassment), Employment Relations Authority (for employment disputes), NetSafe (for cyberbullying), or Community Law Centres/Citizens Advice Bureau for advice.

How can PCBUs create a safe reporting culture for bullying and harassment?

PCBUs should provide simple, flexible reporting mechanisms, promote positive workplace relationships, set clear behavioral expectations, offer training, and regularly review policies to ensure workers feel safe reporting concerns without fear of retaliation.

What are workplace policies and procedures, and why are they important?
Workplace policies and procedures outline the rules and expectations in your workplace. Policies explain what’s expected in various situations, such as employee behavior or responsibilities, while procedures detail how to perform specific tasks, like raising a grievance. They ensure legal compliance, guide decision-making, and set clear expectations to prevent misunderstandings. For example, a dress code policy helps you know what’s appropriate to wear.

Do workplace policies need to be written down?
While policies can be unwritten and based on custom, written policies are recommended. They ensure clarity, make enforcement easier, and provide all employees with consistent information.

How can I find out about my workplace’s policies?
Employers should communicate policies clearly, often through the company intranet, team meetings, hard copies, or training sessions. Check your employment agreement, as it may require you to stay updated on policies. You can also ask your manager or HR for access.

Can I provide input on workplace policies?
Yes, employers may consult employees or unions when developing or updating policies, especially if required by a collective agreement or good faith obligations. Even if not required, consultation is recommended to increase support and understanding. You can share feedback during this process.

How often are policies reviewed?
Employers should schedule regular reviews to ensure policies remain relevant and legal. You can raise concerns about outdated or unreasonable policies, and there should be a process for reporting non-compliance by others.

What are gross earnings, and how are they used?
Gross earnings include wages, allowances (except reimbursements), overtime, piece rates, productivity payments, holiday/leave pay, board/lodging cash value, and first-week ACC compensation. They’re used to calculate annual holidays, public holidays, alternative holidays, sick, bereavement, family violence leave, and final pay.

How is pay calculated for public holidays, sick, bereavement, or family violence leave?
Pay is based on Relevant Daily Pay (RDP), what the employee would have earned that day, including wages, allowances, and overtime. If RDP isn’t possible/practicable or pay varies, use Average Daily Pay (ADP), calculated as gross earnings over 52 weeks divided by days worked/paid.

How is annual holiday pay calculated?
Employees get 4 weeks’ paid annual holidays after 12 months, paid at the greater of Ordinary Weekly Pay (OWP, regular weekly earnings) or Average Weekly Earnings (AWE, gross earnings over 12 months ÷ 52). Pay is made before the holiday unless agreed otherwise.

What must be included in an employment agreement regarding hours of work?
The agreement must specify the number of hours, start and finish times, or days of the week. Maximum hours (excluding overtime) are 40/week unless otherwise agreed, ideally over no more than 5 days for fewer hours.

What counts as work for payment purposes?
Work includes activities with constraints on the employee’s freedom, responsibilities, or benefits to the employer, such as after-hours meetings, opening/closing businesses, cleaning, on-the-job training, or product familiarization.

Can employees refuse work outside guaranteed hours?
Yes, unless there’s a valid availability clause in the employment agreement specifying guaranteed hours, reasonable grounds, and compensation. Employees cannot be disadvantaged for refusing.

What is the current minimum wage in New Zealand?
As of 1 April 2025, the minimum wage rates (before tax) are:

• Adult: $23.95/hour, $191.60/day, $958/week, $1916.00/fortnight.

• Starting-out: $19.16/hour, $153.29/day, $766.45/week, $1532.90/fortnight.

• Training: $19.16/hour, $153.29/day, $766.45/week, $1532.90/fortnight.

Who qualifies for the starting-out minimum wage?
The starting-out minimum wage applies to:

• 16- or 17-year-olds who haven’t worked 6 continuous months for their employer.

• 16- to 19-year-olds required to undertake industry training for at least 40 credits/year.

• 18- or 19-year-olds on specified social security benefits for 6+ months, not employed by one employer for 6 continuous months.
  Employees supervising or training others must receive the adult minimum wage.

Can employers pay less than the minimum wage for employees with disabilities?
Yes, with a Labour Inspectorate exemption permit if the disability significantly limits job performance, the wage is fair, and the employee (and union, if applicable) agrees. Applications must show reasonable support actions and fair wage assessment.

Are employees entitled to time off for jury service?
Yes, employees must be allowed to attend jury service with their job protected. Employers cannot require annual holidays or dismiss/disadvantage employees for attending. The Ministry of Justice pays a small fee, with optional employer top-up.

What happens to annual holiday entitlement during unpaid leave?
Unpaid leave exceeding 1 week extends the annual holiday entitlement anniversary by the excess, unless agreed otherwise with adjusted AWE calculations. ACC, parental, or defence force volunteer leave does not affect the anniversary.

Who is eligible for parental leave?
A: Employees working an average of 10 hours/week for 6 months get 26 weeks’ primary carer leave; after 12 months, they get up to 52 weeks (26 weeks primary + 26 weeks extended). Partners get 1 week (6 months) or 2 weeks (12 months) unpaid leave.

How are parental leave payments handled?
A: Eligible employees/self-employed can get 26 weeks of payments (up to $788.66 gross/week) through Inland Revenue, based on OWP or Average Weekly Income (AWI). Preterm baby payments (up to 13 weeks) apply for babies born before 37 weeks.

What are keeping-in-touch days during parental leave?
Employees can work up to 64 hours of paid keeping-in-touch days during parental leave (not within 28 days of birth unless preterm) to stay connected, without affecting leave.

What is the gender pay gap in New Zealand?
In 2022, men earned 10% more than women on average, due to factors like women being over-represented in lower-paid roles, undervaluation of female-dominated jobs, and caregiving responsibilities limiting access to higher-paid positions.

What is pay equity, and how does it differ from equal pay?
Pay equity ensures equal pay for different jobs of equal value (similar skills, responsibility, effort). Equal pay ensures the same pay for the same job. The Equal Pay Act 1972 addresses systemic undervaluation in female-dominated occupations.

How can I raise a pay equity claim?
If you believe your work (in a job 60% female for 6 of the last 12 years) is undervalued due to gender, you can raise a claim with evidence. Your employer has 60 days to decide eligibility. If agreed, you’ll negotiate, potentially with mediation or ERA involvement. Union members can raise claims through their union.

What rest and meal breaks are employees entitled to?
Breaks depend on work period length:

• 2–4 hours: 1 x 10-minute paid rest break.

• 4–6 hours: 1 x 10-minute paid rest break, 1 x 30-minute unpaid meal break.

• 6–10 hours: 2 x 10-minute paid rest breaks, 1 x 30-minute unpaid meal break.

• 10–12 hours: 3 x 10-minute paid rest breaks, 1 x 30-minute unpaid meal break.

• 12–14 hours: 3 x 10-minute paid rest breaks, 2 x 30-minute unpaid meal breaks.

• 14–16 hours: 4 x 10-minute paid rest breaks, 2 x 30-minute unpaid meal breaks.

Are there exemptions to rest and meal break entitlements?
Yes, for essential services or national security employers if continuity is critical or replacing employees during breaks incurs unreasonable costs. Compensatory measures (e.g., time off or financial compensation) must be provided.

What are the requirements for breastfeeding breaks?
Employers must provide appropriate facilities (e.g., private space, seating, power point, fridge access) and breaks (paid or unpaid, per agreement) for breastfeeding or expressing milk, where reasonable.

When are employees entitled to sick leave?
After 6 months of continuous employment or an average of 10 hours/week (at least 1 hour/week or 40 hours/month), employees get 10 days’ paid sick leave/year for illness, injury, or stress, with up to 20 days carried over.

What is family violence leave, and who qualifies?
Employees affected by family violence (themselves or a child living with them) get up to 10 days’ paid leave/year after 6 months or meeting the hours criteria. It applies regardless of when the violence occurred and cannot be carried over or paid out.

Can employers request proof for sick or family violence leave?
Yes, for sick leave, employers can request proof (e.g., medical certificate); they pay for it if less than 3 days. For family violence leave, proof (e.g., support organization letters, court documents) can be requested within 3 days for flexible working requests.

How must employees be paid in New Zealand?
Employees must be paid in money (NZ banknotes/coins) unless they agree in writing to postal orders, money orders, cheques, or bank deposits, or if the employer is the Crown/local authority or the employee is away from the usual payment location.

What are penal rates, and when do they apply?
Penal rates are higher rates negotiated in the employment agreement for specific tasks, particular days/shifts, or extra hours. They must at least meet the minimum wage.

Are employer KiwiSaver contributions included in minimum wage calculations?
No, employer superannuation contributions (e.g., KiwiSaver) must be paid on top of at least the minimum wage and cannot be included in the minimum wage calculation.

What is a union, and what are the benefits of joining one?

A union is an organization that supports employees by advocating for their rights collectively and, with consent, individually. Joining a union can provide coverage under a collective agreement, which may include negotiated terms like pay scales and leave entitlements. Unions also offer support for workplace issues, such as personal grievances or collective bargaining.

Can I be forced to join or leave a union?

No, union membership is your choice. No one, including employers, managers, colleagues, or union officials, can pressure you to join, not join, or leave a union. It’s also illegal for a contract to require you to be or not be a union member.

What happens if my workplace has a collective agreement?

If your work is covered by a collective agreement, you’ll be employed under its terms if you join the union. If you choose not to join, you’ll be on an individual employment agreement, but for the first 30 days, your terms must align with the collective agreement. You can also negotiate additional individual terms with your employer, as long as they don’t conflict with the collective agreement.

How much does it cost to join a union?

Union membership requires a fee, which varies by union. The fee is typically deducted from your pay by your employer and passed on to the union.

Can I attend union meetings during work hours?

Yes, union members are entitled to attend at least two union meetings per year during work hours. Your employer must pay you your ordinary pay for up to two hours per meeting, provided the union gives at least 14 days’ notice and makes arrangements to maintain business operations.

What is collective bargaining, and how does it affect me?

Collective bargaining is the process where a union negotiates employment terms with an employer on behalf of its members. If you’re covered by a collective agreement, these negotiated terms (e.g., wages, leave) apply to you. Non-union members can’t have a collective agreement but may negotiate similar individual terms.

What happens if I leave the union or the collective agreement expires?

If you leave the union or the collective agreement expires, you’ll move to an individual employment agreement based on the collective agreement’s terms, plus any additional terms you’ve agreed with your employer. You and your employer can then negotiate changes or a new individual agreement.

What happens if my job is affected by restructuring?
Employers must have genuine business reasons for restructuring (e.g., financial issues or new technology) and follow a fair process, including consulting affected employees. You’ll receive information about proposed changes, have time to provide feedback, and be considered for redeployment to avoid redundancy.

What is redeployment?
Redeployment means moving you to another role to avoid redundancy. If you reject a similar role, you may lose redundancy pay, depending on your employment agreement.

What support is available during restructuring?
Employers should offer support like regular communication, time off for feedback or interviews, Employee Assistance Programmes (EAP), or training in CV-writing and interview skills.

What is an employment problem?
An employment problem is anything that harms or may harm your employment relationship, such as disputes over pay, hours, discrimination, bullying, or unfair dismissal.

How can I resolve a workplace issue?
First, try to resolve it directly with your employer by discussing the issue calmly and clearly. Follow the 5-step process: check policies, clarify facts, talk respectfully, identify the problem, and seek further assistance if needed (e.g., early resolution or mediation). Keep written records of discussions.

What is mediation, and how does it work?
Mediation is a free, voluntary, confidential process through Employment Mediation Services to resolve workplace issues with an independent mediator. It involves discussing issues, exploring solutions, and potentially signing a legally binding record of settlement. You can bring a support person, like a union representative or lawyer.

What is a personal grievance, and how do I raise one?
A personal grievance is a formal complaint against your employer for issues like unjustified dismissal, disadvantage, discrimination, or harassment. Raise it in writing within 90 days (or 12 months for sexual harassment post-13 June 2023), clearly stating the issue and reasons. Keep a copy for reference.

What happens if I’m accused of misconduct?
Your employer must inform you of the issue, investigate fairly, and give you a chance to respond. For minor issues, they may have an informal conversation; for serious issues, a formal process follows. Outcomes could range from a warning to dismissal for serious misconduct.

What is bullying, and how is it handled?
Bullying is repeated, unreasonable behaviour causing physical or mental harm. Report it to your employer, who must investigate promptly and support you. If unresolved, you can raise a personal grievance within 90 days, seek mediation, or contact agencies like WorkSafe or the Human Rights Commission.

Can my employer take action for my behaviour outside work?
Yes, if it negatively impacts your job, the business’s reputation, or workplace relationships (e.g., social media posts criticising the employer or criminal charges). They must conduct a fair investigation and disciplinary process.