Employee Rights Checklist

Your most fundamental rights relate to how much you're paid and how many hours you can be required to work. You're entitled to receive at least the minimum wage for all time worked, which is regularly reviewed and increased by the government. This applies to all employees, including those on trial periods, fixed-term contracts, or casual arrangements.

The standard working week is 40 hours, and you cannot be required to work more than this unless your employment agreement specifically allows it and the additional hours are reasonable. If you do work extra hours, your entitlement to additional pay depends on what's agreed in your contract - this might be overtime rates, time in lieu, or other arrangements.

You must be paid at least fortnightly, and your employer must provide payslips showing how your pay is calculated, including any deductions. Unauthorised deductions from your wages are illegal, and your employer needs your written consent for most deductions beyond tax and other statutory requirements.

If you believe you're not receiving your correct minimum wage or are facing unpaid wages issues, these problems should be addressed promptly as they can often be resolved through direct communication with your employer.

You have several types of leave entitlements that begin from your first day of employment. Annual leave accrues at a rate of four weeks per year, and you're entitled to take this leave at times that are mutually agreed with your employer. Your employer cannot unreasonably refuse annual leave requests, particularly for longer periods.

Sick leave entitlement begins immediately, with one day accruing for each month worked until you reach five days after six months of employment. You can use sick leave when you're genuinely sick or injured, or when you need to care for a dependent who is unwell. Your employer cannot require a medical certificate for the first three days unless there are reasonable grounds to suspect misuse.

Public holidays are paid days off if they fall on days you would normally work. If you're required to work on a public holiday, you're entitled to time-and-a-half pay plus an alternative holiday. Bereavement leave provides three days for the death of a spouse, parent, child, or other close family member.

Other leave entitlements include parental leave for new parents, which can extend up to 52 weeks, and domestic violence leave for those affected by domestic violence. Understanding your holiday pay calculations is also important to ensure you're receiving correct payments.

Your employer has a legal duty to provide a safe and healthy workplace under the Health and Safety at Work Act. This means they must identify and manage risks, provide necessary safety equipment and training, and ensure the workplace doesn't pose unreasonable risks to your health and safety.

You have the right to refuse to do work that you believe is unsafe, and you cannot be penalised for raising genuine safety concerns. If you're injured at work, your employer must ensure you receive appropriate medical treatment and report serious injuries to WorkSafe New Zealand.

Workplace safety extends beyond physical hazards to include protection from workplace stress, bullying and harassment, and other factors that could harm your mental health. Your employer must take reasonable steps to prevent and address these issues when they arise.

If you're concerned about health and safety issues at work or have suffered a workplace injury, it's important to report these concerns promptly and seek appropriate support.

You have the right to be treated fairly and without discrimination based on protected characteristics including sex, race, age, disability, religion, sexual orientation, marital status, and pregnancy. This protection applies to all aspects of employment, from recruitment and promotion to day-to-day treatment and dismissal decisions.

Discrimination can be direct (treating someone less favourably because of a protected characteristic) or indirect (applying policies that disadvantage certain groups). It also includes harassment based on protected characteristics, which creates a hostile or intimidating work environment.

Your employer must provide equal opportunities and cannot make employment decisions based on stereotypes or assumptions about protected groups. They also have a duty to take reasonable steps to prevent discrimination and harassment by other employees or customers.

If you experience discrimination, whether it's gender discrimination, age discrimination, or other forms of unfair treatment, you may be able to raise a personal grievance. Early intervention is often more effective than waiting for problems to escalate.

If your employer has concerns about your performance or conduct, they must follow a fair process before taking disciplinary action. This includes clearly explaining the concerns, giving you a reasonable opportunity to respond, and genuinely considering your explanation before making decisions.

You have the right to have a support person present during disciplinary meetings, and your employer should allow reasonable time for you to prepare your response. Any disciplinary action must be proportionate to the issue, and dismissal should generally be a last resort after other measures have been tried.

If you're dismissed, your employer must have a valid reason and follow a fair process. Valid reasons might include serious misconduct, poor performance that hasn't improved despite support, or genuine redundancy. However, the process followed is just as important as having a valid reason.

Understanding disciplinary processes and knowing what to do if you are fired can help protect your rights. If you believe you've been unfairly dismissed, you may have grounds for an unfair dismissal claim.

If your employment rights are breached, you may be able to raise a personal grievance, which is a formal complaint about how you've been treated at work. Personal grievances can cover unjustified dismissal, unjustified disadvantage, discrimination, harassment, or duress in relation to union membership.

You must raise a personal grievance within 90 days of the action you're complaining about, or within 90 days of becoming aware of it. This strict time limit means it's important to act quickly if you believe your rights have been breached.

The personal grievance process typically begins with raising the issue directly with your employer, often through their internal complaint process. If this doesn't resolve the matter, you can seek mediation through the Ministry of Business, Innovation and Employment, or ultimately take the matter to the Employment Relations Authority.

Understanding how to raise a personal grievance and following the proper process is crucial for protecting your rights. Consider getting legal advice early, particularly for complex situations or if your employer is not responding appropriately to your concerns.

You have the right to a written employment agreement that sets out the terms and conditions of your employment. This agreement must include key information such as your job description, hours of work, pay rate, leave entitlements, and notice periods for ending employment.

Before signing an employment agreement, you must be given a reasonable opportunity to seek independent advice about its terms. Your employer should explain the agreement and answer any questions you have. Once employed, you're entitled to receive a copy of your employment agreement.

Your employment agreement cannot contain terms that are less favourable than your minimum legal entitlements. For example, it cannot provide for less than the minimum wage or reduce your statutory leave entitlements. Any such terms would be unenforceable.

If your employer wants to change your employment agreement, they generally need your consent. Significant changes should be discussed and agreed upon, and you have the right to seek advice before agreeing to modifications.

Understanding your employment agreement is fundamental to knowing your rights and obligations at work. If you're unsure about any terms or believe your agreement may be problematic, consider seeking legal advice.

You have the right to join a union and to participate in union activities. Your employer cannot discriminate against you for being a union member or prevent you from joining a union. They also cannot offer you incentives to leave a union or pressure you not to join one.

If there's a collective employment agreement covering your type of work, you may be entitled to its benefits even if you're not a union member. However, union members often have additional rights, such as representation during disciplinary processes and access to union support and advice.

During collective bargaining, your employer must bargain in good faith, which means they must be active and constructive in their approach and must not do anything to mislead or deceive. They cannot undermine the bargaining process or refuse to consider union proposals without good reason.

You also have the right to strike in certain circumstances, particularly during collective bargaining, provided proper notice is given and the strike relates to the bargaining. However, there are specific rules and procedures that must be followed.

Your employer must respect your privacy and can only collect, use, and disclose personal information for legitimate employment purposes. They should tell you what information they're collecting, why they need it, and how it will be used.

You have the right to access your personnel file and other information your employer holds about you. If you find errors in your employment records, you can request corrections. Your employer should keep employment records secure and only share them with people who have a legitimate need to know.

Your employer cannot monitor your communications or activities without good reason and, in most cases, without telling you. Any monitoring should be proportionate to the legitimate business need and should respect your reasonable expectation of privacy.

When your employment ends, your employer must handle your personal information appropriately, including returning any personal property and ensuring confidential information is protected according to any agreements you've signed.

While many workplace issues can be resolved through direct communication with your employer, some situations require legal advice to protect your rights effectively. Consider seeking legal help if you're facing dismissal, have been dismissed without proper process, or are experiencing serious workplace problems that aren't being addressed.

Legal advice is particularly important if you're considering raising a personal grievance, as the process has strict time limits and procedural requirements. A lawyer can help you understand whether you have valid grounds for a claim and guide you through the most appropriate resolution process.

Other situations where legal advice is valuable include complex disciplinary processes, discrimination or harassment that isn't being addressed, disputes over pay or entitlements, and negotiations around settlement agreements or redundancy packages.

Early legal advice is often more cost-effective than waiting until problems escalate. Understanding when to get a lawyer for employment issues can help you make informed decisions about protecting your workplace rights.