Employment law, simplified.

Answers made simple

Employment law can seem complicated, so I’ve gathered answers to some of the questions I’m most often asked. Whether it’s general employment issues or workplace investigations, you’ll find quick, practical guidance here.

General Practice

Here you’ll find answers to practical questions about how I work, including availability, flexibility, and fees.

My standard working hours are Monday to Friday, 8:30 AM to 5:30 PM. Recognising that workplace matters can arise outside of these times, I offer flexibility to work beyond standard hours when required to accommodate urgent client needs or deadlines.

Operating under a hybrid work model, I provide services both remotely and in person to best suit client preferences and circumstances. I am also available to travel for on-site meetings and consultations throughout the North Island, and further afield when necessary, ensuring tailored and accessible support wherever my clients are located.

Please note that I do not operate on a no-win, no-fee basis. Fees are charged on an hourly rate basis. A Terms of Engagement agreement will be provided to clients prior to the commencement of services.

Investigations

These FAQs explain when an investigation may be needed, and the difference between handling it internally or bringing in an external investigator.

An investigation is typically necessary when a claim is made by one individual against another or others, such as allegations of harassment, discrimination, bullying, workplace culture issues, fraud, violence, or substance abuse.

Complaints must be thoroughly investigated due to the serious consequences for all parties involved. Employers have a legal obligation to maintain a safe workplace, and the effects of such actions on the complainant can be significant. Likewise, the potential outcomes for the respondent—such as termination of employment—can be substantial. It is crucial for the organisation to handle these matters with accuracy and care.

Internal Investigations – Internal investigations are conducted by your organisation’s own HR team or appointed staff. These are suitable when:

  • The matter is less complex or involves day-to-day workplace issues.
  • You want to maintain confidentiality within the organisation.
  • Quick resolution is needed and internal resources have the expertise to handle the case impartially.
  • There is already an established process and capability to manage investigations fairly.

External investigations – External investigations involve independent third-party experts or consultants. These are appropriate when:

  • The issue is highly sensitive, complex, or involves serious allegations such as fraud, harassment, or discrimination.
  • There is a potential conflict of interest or bias if handled internally.
  • You require impartiality to maintain credibility and transparency.
  • Legal or regulatory compliance demands an independent review.
  • The organisation lacks internal resources or expertise to conduct a thorough investigation.
  • When you need an investigation done.

Employment Law

From mediation to personal grievances, this section covers the key questions often ask about employment law.

Mediation is a key step in resolving employment disputes in New Zealand. It is a confidential, voluntary process facilitated by an independent mediator, often provided through the Ministry of Business, Innovation and Employment (MBIE). Mediation offers both employees and employers the opportunity to resolve issues constructively, without the need for formal litigation.

Common issues addressed in mediation include personal grievances, disciplinary disputes, allegations of bullying or harassment, redundancy concerns, and contractual disagreements.

Mediation aims to support open dialogue, clarify misunderstandings, and reach a mutually agreed resolution. Agreements reached in mediation can be recorded in a legally binding settlement, providing certainty and closure for both parties.

Mediation is often the most efficient, cost-effective, and relationship-preserving way to resolve employment disputes in New Zealand.

  • Unjustified disadvantage – Occurs when an employee is treated in a way that negatively affects their employment status or conditions without a valid or lawful reason. This might include demotion, withholding pay, or unfair changes to work duties or hours, without proper cause or process.
  • Unjustified dismissal – When an employee’s termination of employment is not based on a fair or lawful reason, or the employer fails to follow a fair process. It means the dismissal breaches employment law standards, and the employee may be entitled to remedies such as reinstatement or compensation.
  • Constructive dismissal – Happens when an employee resigns due to the employer’s conduct making the working environment intolerable or fundamentally changing the employment terms. Although the employee technically resigns, the resignation is considered a dismissal because of the employer’s actions or behaviour.
  • Discrimination – When an employee is treated less favourably because of prohibited grounds such as age, race, gender, disability, or other protected attributes.
  • Sexual or Racial Harrassment – When an employee experiences unwanted or offensive behaviour based on sex, race, or other protected characteristics.
  • Failure to Provide a Safe Workplace – When the employer does not ensure the health and safety of employees as required under law.  This would include bullying.

The short answer is for any justifiable reason. 
Most commonly:

  • Misconduct
  • Serious Misconduct
  • Poor Performance
  • Breach of Company Policies
  • Attendance issues
  • Medical Incapacity

Disciplinary proceedings must be carried out fairly, in accordance with procedural fairness and the principles set out in the Employment Relations Act 2000.

In New Zealand, an employee must raise a personal grievance within 90 calendar days of the event or action that caused the grievance. If the claim is in relation to an alleged sexual harassment, the time to raise the grievance is 12 months.
The timeframes are set under the Employment Relations Act 2000. However, employers and employees can agree to extend this period if both parties consent.

employment law answers