Employment Law | By Lawyers
Skip to main content

Employment Law

This publication provides a full overview of employment law agreements and handling disputes.

1 Matter Plan

Overview

The commentary includes guidance on employment contracts, employee entitlements, statutory compliance, policies and procedures, and personal grievance claims. It also covers discrimination, harassment, and bullying under the Human Rights Act 1993 and Employment Relations Act 2000.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Individual, executive, and casual employment agreements;
  • Contractor agreements and service agreements;
  • Letters for termination of employment and redundancy;
  • Forms and precedents for matters in the Employment Court.
Icon

1 Matter Plan Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Employment
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Witnessing
    • Item icon Further information
  • Item icon Overview
    The legal relationship between employer and employee can be distinguished from other legal relationships, such as principal and contractor, or principal and agent. At the heart of the employment relationship is the wage-work bargain where an employee sells their labour in exchange for the payment ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Employment
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Employment
    • Item icon Conflict of interest check
    • Item icon Initial letter to client with Client Care and Terms of Engagement
    • Item icon Client Care and Terms of Engagement
    • Item icon Scope of work - Employment agreement - Acting for the employee
    • Item icon Scope of work - Employment agreement - Acting for the employer
    • Item icon Scope of work - Employment dispute
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs estimate
    • Folder icon General deeds, agreements, execution clauses and statutory declaration
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Confidentiality deed
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
      • Folder icon Library of clauses for deeds and agreements
        • Item icon Amendment clause
        • Item icon Confidentiality clause for defined information - All parties
        • Item icon Confidentiality clause for defined information - One party
        • Item icon Confidentiality clause for terms of agreement - All parties
        • Item icon Confidentiality clause for terms of agreement - One party
        • Item icon Costs clause
        • Item icon Counterparts clause
        • Item icon Dispute resolution clause
        • Item icon Events beyond control clause
        • Item icon Governing law and jurisdiction clause
        • Item icon Interpretation clause
        • Item icon No assignment clause
        • Item icon Notices clause
        • Item icon Severance clause
        • Item icon Waiver clause
        • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
        • Item icon Standard annexure note for documents
  • Folder icon B. Employment relationships
    • Item icon Employee or independent contractor
      A contract of employment is a contract of service. An agreement between a principal and an independent contractor is a contract for services. An employee is in the service of their employer and performs work in accordance with their contract of service. An independent contractor operates a ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Employment types
      When the relationship between the parties is determined to be one of employment, as opposed to independent contractor, the question arises as to the type of employment. Generally, employees will fall into one of the following categories:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Employment agreements
      • Item icon Individual employment agreements
        Individual employment agreements must be in writing and the employer must retain a signed copy. The agreement must contain minimum requirements set out in the Employment Relations Act 2000, and can also contain any terms agreed between the employer and employee.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to employee with offer of employment
      • Item icon Standard employment agreement
      • Item icon Fixed term employment agreement
      • Item icon Casual employment agreement
      • Item icon Probationary periods
        An employment agreement can specify that the employee will serve a period of probation after commencement of employment: s 67 of the Employment Relations Act 2000. There is no statutory limit to the agreed duration of a probationary period. Any dismissal during or at the end of a probationary ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Changing agreement terms
        The terms of an employment agreement can only be changed by further written agreement, and doing so attracts the same obligation to bargain fairly that applied to the original agreement. This obligation is discharged by:

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to employer requesting amendments to employment agreement
      • Item icon Letter to employee varying employment agreement
    • Folder icon Independent contractors - Acting for the principal
      • Item icon Independent contractor agreement
      • Item icon Letter to client with draft independent contractor agreement for approval
      • Item icon Letter to other side with draft independent contractor agreement
      • Item icon Letter to other side with amended independent contractor agreement
  • Folder icon C. Pay and benefits
    • Item icon Payment obligations
      Fundamental to the employment relationship is the employee's entitlement to be paid for their work. An employer required to pay money to an employee under an employment agreement or legislation that intentionally fails to do so without a reasonable excuse commits theft under s 220AA of the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Minimum wage
      Employees are entitled to be paid a minimum rate of pay governed by the Minimum Wage Act 1983. The minimum rates are increased annually and relate to 3 groups of employees:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Minimum Wage Order 2024 – New Zealand Legislation
    • Item icon Deductions from wages
      The general statutory rule is that employers must not make deductions from wages and must pay wages in full: s 4 of the Wages Protection Act 1983. Exceptions to the general rule include:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon KiwiSaver
      Under the KiwiSaver Act 2006 employers must:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Employee benefits
      Any payments made to employees, over and above their normal pay, are taxable to the employee and subject to PAYE. However, reimbursements for specific work-related costs are not taxable.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Holidays and leave
      Employees are entitled to have time off work for annual holidays, public holidays, sick leave, bereavement leave, family violence leave and parental leave. These entitlements are set out in the Holidays Act 2003 and the Parental Leave and Employment Protection Act 1987, respectively.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Parental leave
      The Parental Leave and Employment Protection Act 1987 deals with parental leave entitlements, including:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Notice about entitlement to parental leave
    • Item icon Flexible working
      Flexible working is a statutory scheme allowing employees to request a variation to their working arrangements. The scheme is governed by Part 6AA of the Employment Relations Act 2000. Under s 69AAB, an employee can make a request at any time and as often as they like. Section 69AAC ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to employer requesting flexible working arrangement
    • Item icon Letter to employee refusing request for flexible working arrangement
    • Item icon Letter to employee approving request for flexible working arrangement or offering alternatives
  • Folder icon D. Termination of employment
    • Item icon Notice
      Generally, if an employer or employee terminates the employment relationship, they must give notice. An exception is serious misconduct, which gives the employer a right to dismiss an employee without notice but it can still be challenged. This is known as instant or summary dismissal.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Resignation
      An employee can resign from their employment for any reason. It is a genuine resignation if they have found other employment and are leaving voluntarily. Provided the correct notice period is given and the final pay calculations are accurate, no further issues arise. Questions can arise when the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Abandonment
      An employee can be treated as having abandoned their employment if:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon End of casual period of work
      Casual employment terminates at the end of each period of work for which the casual employee is engaged. The employer is not required to give notice, and the employee does not need to resign. On expiry of the agreed period of work, the parties have no ongoing obligations to each other.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Fixed term contract expiry
      The expiry of a genuine fixed term employment agreement brings the relationship to end. However, if the employment continues past the fixed term expiry date, it will be treated as permanent employment. If the fixed term does not meet the requirements set out in s 66 of the Employment Relations ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Dismissal
      A dismissal occurs when an employer unilaterally ends an employee’s employment. An employer cannot dismiss at will by giving the period of notice required under the employment agreement. The dismissal must also be justifiable.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Misconduct
      • Item icon Letter to employee setting disciplinary meeting for misconduct
      • Item icon Letter to employee with outcome of disciplinary process for misconduct - No misconduct
      • Item icon Letter to employee with outcome of disciplinary process for misconduct - Warning for misconduct
      • Item icon Letter to employee with outcome of disciplinary process for misconduct - Dismissal for misconduct
      • Item icon Letter to employee with outcome of disciplinary process for misconduct - Dismissal for serious misconduct
    • Folder icon Poor performance
      • Item icon Letter to employee setting meeting to discuss performance management
      • Item icon Letter to employee confirming performance management proceeding
      • Item icon Letter to employee setting disciplinary meeting for poor performance
      • Item icon Letter to employee with outcome of disciplinary process for poor performance - No further action
      • Item icon Letter to employee with outcome of disciplinary process for poor performance - Warning
      • Item icon Letter to employee with outcome of disciplinary process for poor performance - Dismissal
    • Folder icon Incapacity
      • Item icon Letter to employee setting meeting to discuss incapacity
      • Item icon Letter to employee advising decision on incapacity - Partial return to work
      • Item icon Letter to employee advising decision on incapacity - Return to work
      • Item icon Letter to employee advising decision on incapacity - Dismissal
    • Item icon Enforcing restraints of trade
      On termination, an employer will want to ensure that an employee does not breach any restraint of trade clauses contained in the employment agreement. It is appropriate for an employer to remind an employee of relevant clauses and their effects, and what action the employer is entitled to take to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon References
      An employer is not obliged to provide an employment reference to an employee. Many employers provide a statement of service, setting out only the basic information, such as job description, length of service, and reason for departure, for example, resignation.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon E. Redundancy and employee protection
    • Item icon Consultation
      If a restructure of an employer's business is proposed, not all employees may be affected. For example, a business that relies on deliveries may cut down on its van drivers but keep its manufacturing staff. Similarly, an employer may only be selling part of its business. Accordingly, the employer ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to employee setting meeting to discuss restructuring proposal
    • Item icon Letter to employee with decision on restructuring proposal - Employee offered alternative role
    • Item icon Letter to employee with decision on restructuring proposal - New role created with multiple applicants
    • Item icon Letter to employee with decision on restructuring proposal - Providing notice of termination
    • Item icon Letter to employee with decision on restructuring proposal - No restructure
    • Item icon Alternatives to dismissal
      Before dismissing an employee for redundancy, the employer must consult the employee on whether there are any alternatives to dismissing the employee. This can be done at the same time as consulting the employee on the restructuring proposal, but it must be revisited following confirmation of any ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Redundancy compensation
      Employees have no statutory right to redundancy compensation. While all employees must be given reasonable notice of the termination of their employment, whether they also receive redundancy compensation is a matter of contract. If redundancy compensation is provided for, the employment agreement ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Employee protection in restructuring
      In certain types of restructures where an employee's employment is affected, employees may have enhanced rights of protection depending on whether they are classified as a vulnerable employee.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon F. Disputes
    • Item icon Types of personal grievances
      An employee has the right under Part 9 of the Employment Relations Act 2000 to raise a personal grievance including for:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Unlawful discrimination
    • Item icon Discrimination claims
    • Item icon Letter to employer raising personal grievance
    • Item icon Letter to employee’s solicitor disputing personal grievance
    • Item icon Application to authority
    • Item icon Statement in reply
    • Item icon Complaint Form – Human Rights Commission
    • Item icon Raising a personal grievance
      Under s 114, employees must raise a personal grievance with their employer within 90 days of the grievance occurring or coming to their notice, whichever is later. For sexual harassment grievances, the period is 12 months.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to employer raising personal grievance
    • Item icon Letter to employee’s solicitor disputing personal grievance
    • Item icon Letter to employer for recovery of unpaid entitlements
    • Item icon Mediation and settlement
      A usual first step in attempting to resolve personal grievances is for the employee to request the employer to attend mediation provided by the Mediation Service of the Ministry of Business, Innovation and Employment. The service is funded by the government and requests for mediation can be made ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Apply for Employment Mediation or submit a Record of Settlement – Employment New Zealand
    • Item icon Settlement agreement
    • Folder icon Employment Relations Authority
      • Item icon Applications to the Employment Relations Authority
        Under s 158, at any time, either before or after attending mediation, an employee can lodge a proceeding in the Employment Relations Authority by filing an Application to Authority. The Employment Relations Authority has exclusive jurisdiction over employment relationship problems: s 161. ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Making a ERA Application online – Employment Relations Authority
      • Item icon Application to authority
      • Item icon Statement in reply
      • Folder icon Employment Relations Authority Forms
        • Item icon Application for investigation to be reopened
        • Item icon Application for joining controlling third party to personal grievance
        • Item icon Application for removal of matter to Employment Court
        • Item icon Application to authority
        • Item icon Statement in reply
        • Item icon Statement in reply for controlling third party to personal grievance
        • Item icon Undertaking in relation to application for interim reinstatement
    • Folder icon Employment Court
      • Item icon Challenges to the Employment Court
        Determinations of the authority can be challenged to the Employment Court: s 187 of the Employment Relations Act 2000. A challenge must be filed within 28 days of the determination: s 179. A challenge to the court can be heard de novo, that is afresh without regard to the evidence ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Employment Court of New Zealand
      • Item icon File and Pay – Service for lodging proceedings in Employment Court
      • Item icon Statement of claim (election to have matter heard in Employment Court)
      • Item icon Statement of claim
      • Item icon AI Prompt for statement of claim
      • Item icon Statement of defence
      • Item icon AI Prompt for statement of defence
      • Item icon Interlocutory application on notice
      • Item icon Interlocutory application without notice
      • Item icon Notice of opposition
      • Folder icon Employment Court Forms
        • Item icon Affidavit or affirmation
        • Item icon Affidavit of service
        • Item icon Application for Leave
        • Item icon Application for rehearing
        • Item icon Application for special leave to remove matter to Employment Court
        • Item icon Application for stay of proceedings
        • Item icon Application for verification order
        • Item icon Certificate of judgment
        • Item icon Challenge to objection to disclosure
        • Item icon Charging document
        • Item icon Defendant's management memorandum
        • Item icon Interlocutory application on notice
        • Item icon Interlocutory application without notice
        • Item icon Notice accompanying statement of claim served outside New Zealand
        • Item icon Notice of change of representation
        • Item icon Notice of discontinuance
        • Item icon Notice of hearing
        • Item icon Notice of objection to disclosure
        • Item icon Notice of opposition
        • Item icon Notice requiring disclosure
        • Item icon Objection to court's jurisdiction
        • Item icon Plaintiff's management memorandum
        • Item icon Request for service overseas
        • Item icon Statement of claim
        • Item icon Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings
        • Item icon Statement of claim (election to have matter heard in Employment Court)
        • Item icon Statement of defence
        • Item icon Summons to defendant
        • Item icon Witness summons
    • Item icon Remedies for personal grievances
      Under s 123 of the Employment Relations Act 2000, if the Employment Relations Authority determines an employee has a personal grievance, it can provide one or more of the following remedies:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Other claims and disputes
      Under s 161, the Employment Relations Authority has the jurisdiction to deal with employment relationship problems generally, going beyond personal grievances. It can also resolve claims that relate to, for example:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Enforcement of employment standards
      In cases of serious breaches of minimum entitlement provisions, Labour Inspectors can seek and the Employment Court can issue declarations of breach, pecuniary penalties, compensation orders and banning orders: s 187. Minimum entitlement provisions include basic entitlements in relation to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon G. Finalising the matter
    • Item icon Finalising the matter
      Closing the file

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to client finalising the matter
    • Item icon Example invoice
    • Item icon Invoice recital - Employment contract or agreement
    • Item icon Invoice recital - Employment personal grievance
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors