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Fired, Shorted on Pay, or Treated Unfairly at Work in Wellington? Get a Free Answer.

Maybe you were let go and told it was a 'restructure'. Maybe your final pay never landed, your holiday pay looks wrong, or you were pushed out after raising a concern. New Zealand gives every employee real protection against unjustified dismissal and unjustified disadvantage under the Employment Relations Act 2000 — but the most important right runs on a short, unforgiving clock: in most cases you have just 90 days to raise a personal grievance. You don't need money or a web form to find out where you stand. This is free general legal information to help you act quickly — it is not legal advice and creates no lawyer-client relationship. Legal Hotline is not a law firm.

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Employment Law in Wellington — what to do right now

Write down the dates and the dollars before the detail fades. Note your last day worked, the exact date anything happened to you (dismissal, demotion, a formal warning, a cut to your hours), and roughly what you think you are owed — unpaid wages, holiday pay, or a final pay that never arrived. One clock matters more than any other: a personal grievance must usually be raised with your employer within 90 days of the action happening or of you becoming aware of it, whichever is later (the window is 12 months for a sexual harassment grievance). Save your employment agreement, payslips, rosters, emails and any dismissal letter to your own phone or personal email now, before you lose access to a work account. Then talk it through — and find out which deadline is closest.


The law in Wellington: Employment Law

New Zealand has one national employment law — there is no separate Wellington or regional employment statute. What changes locally is where you go: the mediators, the Employment Relations Authority office and the courts that serve the Wellington region. The backbone is the Employment Relations Act 2000, which requires both sides to act in good faith and protects you from being dismissed or disadvantaged unjustifiably. The legal test the Authority applies is whether what your employer did, and how they did it, is what a fair and reasonable employer could have done in the circumstances (section 103A) — so a poor process can make even an arguable dismissal 'unjustified'.

If something has gone wrong, the route is a 'personal grievance'. The grievance categories in the Act include unjustified dismissal, unjustified disadvantage (being treated unfairly short of dismissal), discrimination on prohibited grounds, sexual or racial harassment, retaliation for raising a health-and-safety or protected-disclosure issue, and being disadvantaged for discussing your pay. The first and most important step is to raise the grievance with your employer within 90 days (12 months for sexual harassment). Miss that window and you generally need either your employer's agreement or the Authority's leave on 'exceptional circumstances' grounds to continue — and the Authority does not grant that lightly.

Wage and leave rights sit alongside the grievance regime and run on their own machinery. The Minimum Wage Act 1983 sets the floor — from 1 April 2026 the adult minimum wage is $23.95 an hour, with the starting-out and training rates at $19.16. The Holidays Act 2003 governs annual leave (a minimum of four weeks a year), public holidays, and sick and bereavement leave; holiday pay is based on your ordinary earnings, not the minimum wage, which is why so many payroll errors surface here. Unpaid-wage and holiday-pay problems can be pursued through the Authority or, in clearer cases, through a Labour Inspector at the Ministry of Business, Innovation and Employment (MBIE).

The dispute pathway is deliberately tiered. You start by trying to sort it directly; MBIE then offers a free, government-funded mediation service, which resolves the large majority of employment problems without a hearing. If mediation does not settle it, the matter goes to the Employment Relations Authority — an investigative body, less formal than a court — and from there an appeal lies to the Employment Court, then in limited cases to the Court of Appeal. A major reform changed the remedies landscape: the Employment Relations Amendment Act 2026, in force from 21 February 2026, means that if your own conduct amounted to serious misconduct and contributed to the problem, no remedies at all may be awarded, and even non-serious 'contributory' conduct can now reduce a remedy by up to 100% (section 124). That raises the stakes on getting advice early — which is exactly what the free call is for.

Key Legislation

  • Employment Relations Act 2000 — good faith, unjustified dismissal and disadvantage, and the personal grievance regime
  • Employment Relations Act 2000, s103A — the 'fair and reasonable employer' justification test the Authority applies
  • Employment Relations Act 2000, s114 — the 90-day deadline to raise a personal grievance (12 months for sexual harassment)
  • Holidays Act 2003 — minimum four weeks' annual leave, public holidays, sick and bereavement leave, and holiday-pay calculation
  • Minimum Wage Act 1983 — adult minimum wage $23.95/hr and starting-out/training rate $19.16/hr from 1 April 2026

Where Wellington Cases Go

  • MBIE free mediation service — the first formal step; government-funded, confidential, settles most employment problems
  • Employment Relations Authority (Wellington office, 50 Customhouse Quay) — investigates grievances and wage claims when mediation fails
  • Employment Court (Wellington registry) — hears appeals from the Authority and certain matters at first instance
  • Labour Inspectorate (MBIE) — enforces minimum wage, holiday pay and other minimum entitlements
  • Court of Appeal — limited further appeals on points of law

Deadlines & Money

  • Personal grievance: 90 days from the action or from when you became aware of it — the deadline most often missed
  • Sexual harassment grievance: extended window of 12 months
  • Out of time: you then need the employer's consent or the Authority's leave on 'exceptional circumstances' (s114/115)
  • Remedies (s123): reimbursement of lost wages, compensation for hurt and humiliation, and possible reinstatement
  • Since 21 Feb 2026: serious misconduct can mean NO remedy; contributory conduct can cut a remedy by up to 100% (s124)

The deadline that quietly kills good cases: 90 days, and the clock has already started

Here is what blindsides Wellington workers. You can have a strong story — pushed out a fortnight after you raised a safety concern, or dismissed with no real process — and still lose it, because a personal grievance must usually be raised with your employer within 90 days of the action happening or of you becoming aware of it. That is far shorter than people expect, and it is not the same as 'filing a case' — it is a clear notification to your employer that you have a grievance, which most people get wrong or leave too late. Once the 90 days pass, you generally need your employer's agreement or the Authority's leave on narrow 'exceptional circumstances' grounds, and that is rarely granted. The window stretches to 12 months only for sexual harassment. The clock starts the day it happened, not the day you decided to do something about it. If something has gone wrong at work, do not sit on it — find out exactly how many days you have left.


Likely outcomes & penalties

Every situation is different and nothing here is a promise — these are realistic New Zealand outcomes so you know what is at stake. The free call helps you size up your own.
Compensation for hurt and humiliation (s123)
If a personal grievance is established, the Authority can award compensation for the hurt, distress and humiliation caused by an unjustified dismissal or disadvantage — separate from, and on top of, any lost wages.
Reimbursement of lost wages
Where you lost income because of an unjustified dismissal, the Authority can order your employer to reimburse a period of lost wages — though since the 2026 reform this can be reduced, or removed entirely, if your own conduct contributed.
Reinstatement
In some cases the Authority can order your employer to give you your job back, restoring continuity of employment — but reinstatement is unavailable where your behaviour significantly contributed to the grievance.
Unpaid wages & holiday pay
Recovery of underpaid wages, unpaid overtime, and miscalculated holiday pay under the Holidays Act 2003 — pursued through the Authority or, in clearer cases, a MBIE Labour Inspector at no cost to you.

Mistakes to avoid

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Letting the 90-day clock run out because you waited to 'see how things settled' — a personal grievance must usually be raised within 90 days, and after that you generally need the employer's consent or the Authority's leave, which is hard to get.
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Thinking a 'restructure' or 'at-will' style sacking means you have no case — New Zealand has no at-will employment; every dismissal must be both substantively justified and procedurally fair under the section 103A test.
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Signing a settlement or 'full and final' record of settlement on the spot under pressure — once signed and certified by a mediator it is binding, so understand what you are giving up before you agree.
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Assuming your conduct does not matter to the outcome — since 21 February 2026, serious misconduct that contributed to the situation can wipe out remedies entirely, and even lesser contributory conduct can cut them by up to 100%.
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Walking away from a final pay or holiday-pay problem because the amount 'isn't worth a lawyer' — a free MBIE Labour Inspector or the free mediation service can recover these without you paying for representation.

How it works

1
Tell us what happened at your Wellington job, in your own words. No income test, no web form, no waiting room — just explain the situation and the dates as best you can.
2
Get a plain-English read on where you stand. We help you understand your situation, flag the deadline that is closest (almost always that 90-day personal grievance clock), and explain the free options — direct resolution, MBIE mediation, then the Employment Relations Authority. This is general legal information to help you decide your next move, not legal advice, and it creates no lawyer-client relationship.
3
Get pointed to the right help. If your situation calls for a lawyer, we can help you connect with a New Zealand employment lawyer — and we will also point you to the free services (Community Law, the Citizens Advice Bureau, MBIE) when those are the better fit.

Free & low-cost Employment Law help in Wellington

If you would rather start on your own, or you need free help and a referral, these are real, verified New Zealand services — several based right in Wellington. Here they are directly:

Free initial legal advice from lawyers who specialise in employment — including raising a personal grievance, disputes over your employment agreement, and advice before you sign. Drop-in sessions and outreach clinics across the Wellington and Hutt Valley region; if you need ongoing help they will help you find a lawyer.
The government's own plain-language guide to personal grievances, the 90-day rule, and the free mediation service. Includes 'Early Resolution', a free phone-based service to sort workplace issues quickly and informally.
The investigative body that decides personal grievances and wage claims when mediation does not resolve them. Wellington office at Level (Mezzanine), South Tower, 50 Customhouse Quay, Wellington 6011.
Free initial employment-law consultation for any employee in New Zealand, with clinics at the Wellington Central CAB; resources permitting, they may also represent low-paid workers in disputes.
Civil legal aid can cover employment disputes if you meet the income and merits tests — a government loan or grant to help pay for a lawyer. Check eligibility and how to apply.
The Law Society's official directory to find a Wellington employment lawyer, plus information on free and low-cost first-consultation schemes run by some firms.

FAQ — Employment Law in Wellington

I was dismissed from my Wellington job and I think it was unfair. How long do I have to do something?

In most cases you have just 90 days to raise a personal grievance with your employer — measured from the day the dismissal happened or the day you became aware of it, whichever is later. Raising a grievance means clearly notifying your employer that you have one; it is not the same as filing a case. If you miss the 90 days you generally need your employer's consent or the Authority's leave on 'exceptional circumstances' grounds, which is hard to get. Find out exactly how many days you have left before you do anything else.

Doesn't my employer have the right to fire me for any reason?

No. New Zealand has no 'at-will' employment. Every dismissal has to be justified — both for a genuine reason and through a fair process. The Employment Relations Authority asks whether what your employer did, and how, is what a fair and reasonable employer could have done in the circumstances (section 103A of the Employment Relations Act 2000). A real reason handled through an unfair process can still be an unjustified dismissal.

What is a personal grievance, exactly?

It is the formal way an employee complains about being treated unfairly at work. The categories include unjustified dismissal, unjustified disadvantage (unfair treatment short of dismissal), discrimination, sexual or racial harassment, and being penalised for raising a health-and-safety or protected-disclosure issue or for discussing your pay. The key first step is raising it with your employer within the 90-day window.

My final pay or holiday pay looks wrong. What can I do in Wellington?

Holiday pay under the Holidays Act 2003 is based on your ordinary earnings, not the minimum wage, and payroll systems get it wrong all the time. You can pursue underpaid wages or holiday pay through the Employment Relations Authority, or in clearer cases ask a free MBIE Labour Inspector to investigate. You do not need to pay for a lawyer to chase money you are genuinely owed.

How does the dispute process actually work — do I go straight to court?

No. The system is tiered. You first try to resolve it directly, then use MBIE's free mediation service, which settles most employment problems confidentially without a hearing. If mediation does not work, the matter goes to the Employment Relations Authority (the Wellington office is on Customhouse Quay), and from there an appeal can go to the Employment Court. Most people never get past mediation.

Does my own behaviour at work affect what I can get?

Yes — and much more than it used to. Under the Employment Relations Amendment Act 2026, in force from 21 February 2026, if your own conduct amounted to serious misconduct and contributed to the situation, the Authority may award no remedies at all. Even conduct that falls short of serious misconduct but still contributed can now reduce your remedy by up to 100% (section 124). This makes getting advice early more important than ever.

What can the Employment Relations Authority actually order if I win?

Under section 123, the Authority can order reimbursement of lost wages, compensation for the hurt and humiliation an unjustified dismissal or disadvantage caused you, and in some cases reinstatement to your job. Reinstatement and emotional-harm compensation are not available where your own behaviour significantly contributed to the grievance, though lost-wage reimbursement may still apply in part.

Do I need money or a lawyer to start?

No. MBIE's mediation service is free, and so is the Early Resolution phone service. Community Law Wellington & Hutt Valley and the Citizens Advice Bureau give free initial employment advice, and civil legal aid can help with the cost of a lawyer if you meet the income test. The information call costs nothing either — and it can point you to whichever free service fits your situation.

What's the minimum wage in New Zealand right now?

From 1 April 2026 the adult minimum wage is $23.95 an hour, and the starting-out and training minimum wage is $19.16 an hour. It applies to employees aged 16 and over working in New Zealand. If your pay is below that, or your holiday pay looks short, that is worth checking — a free Labour Inspector can investigate underpayments.

Does Legal Hotline represent me, and is this legal advice?

No. Legal Hotline is not a law firm. What you get is free general legal information — not legal advice — and the contact creates no lawyer-client relationship. It is there to help you understand your situation quickly, flag the deadline that is closest (almost always that 90-day clock), and, if you want, point you toward a New Zealand employment lawyer or a free service like Community Law.


Wellington employment lawyers: join our network

Are you a New Zealand employment lawyer who acts for employees? We connect worried, time-pressured Wellington workers — facing unjustified dismissal, unjustified disadvantage, unpaid wages and holiday-pay problems, discrimination, harassment, and personal grievances on a tight 90-day clock — with lawyers who can help. If you would like to receive referrals as our network grows, get in touch about joining. (This is a path for lawyers; people who need help should use the free options above.)

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Last updated: 21 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't let your 90 days run out. Find out where you stand — free.

Whatever happened at your Wellington job — dismissed without a fair process, pushed out after raising a concern, shorted on pay or holiday pay — New Zealand law may be squarely on your side, but only if you act before the clock runs out, and the personal grievance clock is usually just 90 days. You do not need money, an email address, or a lawyer to find out where you stand. This is free general legal information to help you move quickly — it is not legal advice and creates no lawyer-client relationship. Legal Hotline is not a law firm. Get a plain-English read on your situation before another day comes off the clock.

Free legal information. Not legal advice.

Last updated 21 June 2026
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