NZ employment law: deadlines, rights and your next step
A dismissal, redundancy proposal or pay dispute needs the right response. Start with the deadline table, then check whether the 2026 high-income, trial-period or remedy rules affect you. Gather your agreement and dated records before seeking advice; do not wait for a consultation if time is running out.
Key points
- In New Zealand, most personal grievances must be raised with the employer within 90 days of the action or when it came to the employee’s notice, whichever is later. Sexual-harassment grievances under section 103(1)(d) have a 12-month period on the same later-event basis.
- Raising a grievance, starting Authority proceedings and challenging a written determination have different clocks. The three-year proceedings limit does not replace the initial 90-day or 12-month notification requirement.
- From 21 February 2026, annual remuneration of NZ$200,000 or more can exclude unjustified-dismissal and dismissal-related disadvantage claims. Written opt-out terms and qualifying existing-worker transition protections must be checked; other grounds can remain.
- A valid trial of no more than 90 days can also exclude dismissal-related claims. It must meet the statutory conditions, with notice given before the trial expires; a probation period is different.
- Since the February 2026 changes, contributing conduct can remove or reduce personal-grievance remedies. A finding of contributing serious misconduct bars those remedies; an employer’s allegation alone is not that finding.
- Use the document checklist, fee comparison and free-help routes. Employment New Zealand’s 0800 209 020 is separate from Legal Hotline’s 0800 461 100 AI-information line.
Most New Zealand personal grievances must be raised with the employer within 90 days of the action or when it came to the employee’s notice, whichever is later. For sexual harassment under section 103(1)(d), the period is 12 months on the same basis. These are notification periods, not deadlines for every employment claim. Check the claim type, exceptions and later filing steps below.
Checked on 23 October 2026: The Employment Relations Act 2000 as at 10 July 2026, February 2026 amendments, current Employment New Zealand/Authority/Court guidance, minimum-wage order and leave legislation linked below. Sources and limits of this check.
Which employment deadline applies?
The Employment Relations Act notification rule concerns raising a personal grievance with the employer. You must make, or take reasonable steps to make, the employer or its representative aware that you allege a personal grievance and want it addressed. A clear written account with enough facts is usually the best record; keep proof of sending and receipt. Calling an information line or booking advice is not a substitute.
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| Step | Usual time rule | What to check |
|---|---|---|
| Raise most personal grievances with the employer | 90 days from the action or when it came to your notice, whichever is later. | Identify the act complained of and the legal ground. |
| Raise a sexual-harassment grievance under s 103(1)(d) | 12 months from the action or when it came to your notice, whichever is later. | This longer period is not a general rule for all harassment or discrimination claims. |
| Start Authority/Court proceedings about a properly raised personal grievance | No more than 3 years after it was raised under s 114. | The initial employer-notification requirement still matters. |
| Other employment-relationship actions under s 142 | Generally no more than 6 years after the cause of action arose. | Classify the claim; this does not extend a personal-grievance clock. |
| Challenge an eligible written Authority determination | 28 days after the date of the written determination. | Not an oral indication or a procedural determination; extension and stay are separate issues. |
If the employer consents, a grievance may be raised late. Without consent, the Authority can grant leave only if the statutory exceptional-circumstances and justice requirements are met. Do not assume an extension. Official personal-grievance guidance includes a sample letter. If the same discrimination circumstances could use the Human Rights Act route, obtain advice before choosing: section 112 restricts pursuing both routes.
The 2026 dismissal rules: check these before assuming you have lost a claim
The Employment Relations Amendment Act 2026 took effect on 21 February 2026. The following checks concern eligibility for particular claims, not permission to ignore minimum pay, other protected grounds or contractual obligations.
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| Situation | Rule to check | Documents that matter |
|---|---|---|
| Annual remuneration is NZ$200,000 or more | Sections 67I/113A can exclude unjustified-dismissal and dismissal-related disadvantage claims. Other statutory grounds and unrelated disadvantage can remain. | Pay history for the position, dismissal-notification date and complete agreement. |
| You were employed before 21 February 2026 | Qualifying same-position or restructuring cases have transitional protection for dismissals within the following 12 months, unless an applicable written early opt-in applies. | Your position before commencement, changes/restructure and dismissal date. |
| Agreement preserves dismissal protections | Section 67J allows a written term agreeing that both 67I and 113A do not apply. | The actual agreed written term; do not assume a generic dispute clause is enough. |
| Dismissal during a trial | A valid trial of 90 days or less and notice before expiry can exclude dismissal and related-disadvantage claims. Other grounds can remain. | Agreement signed before work, first day, previous employment and notice. |
The high-income threshold concerns statutory annual remuneration, not base salary alone. Section 67I uses a 364-day calculation tied to complete pay periods, the position held and the dismissal-notification pay period; qualifying PAYE income and share-scheme benefits can count. Use the official calculation guide and obtain advice near the threshold. The existing-worker transition concerns a qualifying dismissal during the protected period: 21 February 2027 is not a blanket filing cut-off for every earlier dismissal. Normal notification rules still apply.
Dismissal, trials and redundancy
Where unjustified-dismissal protections apply, section 103A asks what a fair and reasonable employer could have done in all the circumstances. Investigation, communicating concerns, an opportunity to respond and genuine consideration matter. The 2026 text also addresses employee obstruction; a process defect does not by itself make dismissal unjustified if it did not cause unfair treatment.
A trial period must be agreed in writing and signed before work starts, be no longer than 90 calendar days, start with the employment and involve someone not previously employed by that employer. Notice must be given before it ends; the final day can fall later. Employment New Zealand says trial periods are not permitted for Accredited Employer Work Visa workers. A probation period is different. A valid trial does not erase discrimination, sexual/racial-harassment or unrelated-disadvantage rights.
For employees with the relevant dismissal protections, redundancy normally requires a genuine business reason and a fair process, including considering alternatives and feedback. High-income and trial exceptions need checking. Redundancy compensation is not automatic: check the agreement, policy or separate agreement. Notice and final wages/holiday pay are distinct entitlements.
What can the Authority award after the 2026 changes?
A successful personal grievance can potentially lead to reinstatement, reimbursement, compensation or recommendations under section 123. Availability depends on the claim, evidence and current restrictions; there is no reliable standard payout for an individual dispute.
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| Authority or Court finding | Current consequence |
|---|---|
| Employee action contributed and amounted to serious misconduct | Section 123B bars any personal-grievance remedy. |
| Employee action contributed, without that serious-misconduct finding | Section 123C bars reinstatement and section 123(1)(c) compensation, including hurt/humiliation and lost-benefit compensation. |
| Other remedies remain available | Section 124 requires contribution to be considered and allows reduction up to 100%. |
These restrictions depend on Authority/Court findings, not an employer simply calling conduct misconduct. They do not authorise withholding wages already owed. Which law applies to older facts and how a remedy is assessed require individual advice; do not value a settlement from a generic online payout estimate.
Minimum pay and leave: current rules, not future commencement
Check the official wage categories and Holidays Act. Overtime does not automatically attract a premium: check the agreement and any applicable holiday rule, while ensuring minimum wages for hours worked. Keep time, pay and leave records.
The Employment Leave Act 2026 has been enacted, but its main commencement is 6 August 2028. Some provisions commence earlier; the main replacement leave system is not already in operation on 23 October 2026. Do not apply future rules to current entitlements.
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| Entitlement | Current baseline | Qualification |
|---|---|---|
| Adult minimum wage from 1 April 2026 | NZ$23.95 per hour before tax. | Generally employees 16+ who are not eligible starting-out/training workers; statutory exceptions exist. |
| Starting-out/training wage from 1 April 2026 | NZ$19.16 per hour before tax. | Only where the specific eligibility conditions are met. |
| Annual holidays | At least 4 weeks after each completed 12 months of continuous employment. | Holidays Act continuity and payment rules apply. |
| Sick leave | 10 days per qualifying 12-month period. | Generally after 6 months’ continuous employment or the alternative statutory hours test. |
| Working a public holiday | At least time-and-a-half; an alternative holiday where it would otherwise be a working day. | Statutory calculation/eligibility rules apply, including the public-holiday-only worker exception. |
Resolving the problem and filing a claim
Raise the issue and preserve relevant deadlines. Government Early Resolution and mediation are free options; a paid representative’s costs are separate. There is no universal requirement to finish mediation before every application. The Authority generally considers/directs mediation, with statutory exceptions including urgency and unsuitable cases.
For an unresolved matter, check the Authority’s application requirements. Explain the problem, relevant facts and remedy sought, with supporting documents and the correct parties. The Authority investigates employment-relationship problems; it is not simply a court-style appeal from an employer’s decision.
An Employment Court challenge to an eligible written determination generally needs filing within 28 days of its date. Identify whether you seek a full rehearing or challenge particular errors. An extension requires a separate supported application and is not guaranteed. A challenge does not automatically stay the determination or enforcement.
If your status is disputed, do not assume that the contract’s label settles it. Section 6 now excludes specified contractors who meet all the statutory conditions; otherwise the real nature of the relationship matters, subject to specialist rules. Transitional provisions affect arrangements existing on 21 February 2026. Obtain advice before using an employee-only process.
Authority and Court fees
These selected fees are NZ dollars including GST, checked 23 October 2026 against the Authority schedule and Court schedule effective 1 July 2026. They are not the full cost of a dispute.
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| Step | Fee | Important limit |
|---|---|---|
| Apply to the Employment Relations Authority | NZ$71.55 | Application fee cannot be waived or refunded after withdrawal. |
| Authority investigation meeting | First day no charge; NZ$153.33 per half-day thereafter. | Payable by the applicant. |
| Employment Court challenge to a determination | NZ$238 | Other proceedings have a different filing category. |
| Employment Court other-proceedings statement of claim | NZ$357 | Check the appropriate form and fee. |
| Employment Court hearing | NZ$291 per half-day after the first day. | Generally payable by plaintiff/applicant. |
| Court application to extend challenge time or for a stay | No filing fee | No-fee application does not mean approval or free legal work. |
The Court can consider supported waiver, reduction or deferral requests; that is different from the Authority’s non-waivable application fee. Professional fees and potential costs orders are separate. Success does not guarantee recovery of all expenditure.
What to gather before getting advice
- Your signed employment agreement and amendments, job/position history, relevant policies and collective terms. For a trial, record the signing and first-work dates.
- Dismissal, redundancy, disciplinary or grievance correspondence; when the action happened, when you learned of it, notice dates and proof that a grievance was raised.
- Payslips, complete pay-period records, hours worked, bonuses/share benefits and leave records. For the high-income rule, keep the position and dismissal-notification dates.
- A short factual chronology, relevant evidence obtained lawfully, witnesses and the outcome you want. Keep personal information confidential.
- Any Authority determination, court papers, settlement terms or upcoming deadline. Ask about claim eligibility, the next filing, possible costs and what the initial consultation can cover.
Discuss your agreement, deadline and options
A New Zealand lawyer can assess the claim type, applicable exceptions, evidence, urgent steps and cost risk. Confirm appointment timing and what can be considered in the initial consultation before relying on it for an approaching deadline.
Legal Hotline can arrange an initial one-hour consultation with an independent New Zealand lawyer for NZ$295 including GST, subject to suitability, conflicts, lawyer acceptance and availability. The fee is for matching and arranging the consultation, with no additional lawyer charge for that initial hour. Further work and representation are agreed separately.
Legal Hotline is not a law firm. Its free 0800 461 100 line uses an AI assistant for general legal information, available 24/7; it is not personal advice from a lawyer. The arrangement fee is separate from Authority/Court fees and does not include ongoing work or representation. Calling or booking does not raise a grievance, extend a deadline or guarantee a result.
Official help and free legal information
These services have different roles. Check eligibility, scope and availability, and preserve any deadline while waiting for assistance.
Employment New Zealand
0800 209 020, Monday–Friday 8am–5:30pm, excluding public holidays and the Christmas–New Year period. General employment information and access to services; staff cannot interpret your agreement, give personal legal advice or bring a grievance for you.
Early Resolution and mediation
Government Early Resolution and mediation are free. They help parties work through disputes; a private representative’s fees are separate. Requesting help does not automatically stop a notification or filing clock.
Labour Inspectorate
Official route for suspected minimum-employment-standard breaches, such as wages, leave and record-keeping. It is not a general representative for dismissal or contractual disputes.
Community Law
Free legal help for people on low incomes or facing particular vulnerabilities. Local scope, appointments and capacity vary. The Employment Court also links to conditional Te Ara Ture help through Community Law.
Civil legal aid
May cover eligible Authority or Employment Court matters. Financial circumstances, merits and other criteria apply; it is not guaranteed free representation.
Common NZ employment questions
Do I have 90 days to raise a personal grievance in New Zealand?
Most personal grievances must be raised with the employer within 90 days of the action or when it came to your notice, whichever is later. Sexual-harassment grievances under section 103(1)(d) have a 12-month period on the same basis. Late raising requires employer consent or Authority leave under the statutory test. These are separate from later proceedings deadlines.
Can I bring an unjustified-dismissal claim if I earn NZ$200,000 or more?
The 2026 rules can exclude unjustified-dismissal and dismissal-related disadvantage claims at NZ$200,000 or more in statutory annual remuneration, not simply base salary. Check any written opt-out and the qualifying existing-worker transition for dismissals within 12 months of 21 February 2026, including any early opt-in. Other statutory grounds can remain. A protected earlier dismissal is not subject to a blanket filing cut-off on 21 February 2027; normal notification rules still matter.
Does a 90-day trial remove all employment rights?
No. A valid trial of no more than 90 days, with notice given before expiry, can exclude unjustified-dismissal and dismissal-related disadvantage claims. The written clause, signing before work, previous employment and other validity requirements matter. Discrimination, sexual/racial-harassment and unrelated-disadvantage grounds can remain, along with minimum entitlements. A probation period is different; check visa restrictions too.
Will I receive compensation if my personal grievance succeeds?
Not necessarily. Under the current 2026 provisions, a finding that your contributing action amounted to serious misconduct bars personal-grievance remedies. Other contributing conduct bars reinstatement and section 123(1)(c) compensation, and remaining remedies can be reduced up to 100%. These require Authority or Court findings. An employer’s allegation alone does not establish the bar or permit withholding wages already owed.
Do I automatically receive a redundancy payout?
No. Redundancy compensation depends on your employment agreement, a workplace policy or a separate agreement. Notice, final wages and holiday pay are separate matters. A challenge to the redundancy depends on the applicable dismissal protections, genuine reason and process; the high-income and trial rules can affect the claim. Preserve the relevant notification deadline.
How long do I have to challenge an Authority determination?
An eligible written Employment Relations Authority determination is generally challenged in the Employment Court within 28 days after its date. This does not include an oral indication or a determination about procedure. A late challenge requires a supported extension application. Filing a challenge does not automatically stop enforcement; a separate stay may be needed.
Sources and update record
Checked on 23 October 2026. Employment Relations Act consolidation: 10 July 2026; material employment amendments effective 21 February 2026. Wage rates apply from 1 April 2026 and Court fees from 1 July 2026. The Employment Leave Act 2026 has staged commencement, principally 6 August 2028. This guide does not decide individual eligibility, calculate a case deadline or assess a settlement. Earlier facts, specialist employment arrangements and disputed status require specific advice.
- Employment Relations Act 2000: current consolidation
- Personal-grievance notification and proceedings: section 114
- High-income dismissal restrictions: section 113A
- Remuneration calculation: section 67I
- Written opt-out: section 67J
- Existing-worker dismissal transition: Schedule 1AA clause 29
- Employment Relations Amendment Act 2026
- Personal grievances: Employment New Zealand
- High-income dismissal guidance
- Trial-period requirements
- Redundancy guidance
- Serious contributing misconduct: section 123B
- Other contributing conduct: section 123C
- Remedy reductions: section 124
- Minimum wage rates and types
- Minimum Wage Order 2026
- Hours of work
- Holidays Act 2003
- Employment Leave Act 2026 commencement
- Authority application guide
- Authority fees
- Authority Regulations: fee schedule
- Employment Court challenge guide
- Employment Court forms and current fees
- Employment Court Regulations: fee schedule
- Government Early Resolution
- Government mediation
- Employment New Zealand contact
- Labour Inspectorate complaints
- Community Law
- Civil legal aid eligibility
- Employment Court professional help
- Legal Hotline NZ booking
- Legal Hotline NZ lawyer arrangements
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.