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Whistleblower law in New Zealand
Data privacy in New Zealand
Equal treatment for temporary agency workers in New Zealand
Anti-discrimination laws in New Zealand
Equal pay in New Zealand
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There are labour laws and regulations in place to make sure workers are treated fairly and their rights are protected. When hiring in New Zealand, it’s important to follow these rules to create a fair workplace and avoid any legal issues.
The Employment Relations Act 2000 outlines important rights for employees, including fair treatment, minimum wage, leave entitlements, and the right to organise and bargain collectively. Companies must keep this in mind and incorporate them to their internal policies.
A key part of this Act is the Employee Protection Provision, which comes into play during restructuring situations to ensure employees are treated fairly during times of meaningful change within a company, such as during a sale or transfer of business.
The government has taken steps to combat exploitation, especially of vulnerable workers, including migrant workers. The Worker Protection (Migrant and Other Employees) Act 2023, which came into effect on January 6, 2024, marked a crucial step towards ensuring a safer, more equitable, and fair working environment for employees from diverse backgrounds.
To provide more protections for migrant workers as well as other employees within the workforce, this Act introduces a variety of changes across several areas of law, including the Employment Relations Act, the Immigration Act, and the Companies Act, with the primary aim of combating migrant exploitation.
One of the significant aspects of this Act is the amendments it introduces to existing laws, which include the establishment of offences and penalties tailored to address the unique challenges and vulnerabilities faced by migrant workers in the workplace.
In this guide, we delve into various employee protection laws, such as whistleblowing protection, pay equity, anti-discrimination, and more.
The process of whistleblowing in the workplace is governed by the Protected Disclosures (Protection of Whistleblowers) Act 2022, which came into effect on July 1, 2022. This Act ensures that workers can easily and safely report instances of serious wrongdoing within their organisations.
Under the Act, serious wrongdoing includes any unlawful, corrupt, or irregular use of public funds or resources, conduct that poses a serious risk to public health, safety, the environment, or the maintenance of the law, and any criminal offences that could impact the public sector’s integrity.
The Protected Disclosures (Protection of Whistleblowers) Act 2022 provides a framework regarding the whistleblowing process, facilitates the reporting of serious wrongdoing within organisations, and offers protection to whistleblowers against retaliation.
Those who report are assured of discretion, protection against punitive actions, and equitable treatment, in addition to legal immunity. This protection remains in place, regardless of the discloser’s accuracy in identifying actual serious misconduct. To ensure responsiveness and transparency in handling whistleblower reports, the organisation must respond within a 20-working-day window or otherwise provide a clear timeline.
The Act highlights the importance of internal reporting mechanisms but also accommodates external disclosures under specific circumstances. For example, if an employee feels that an internal report would not be effectively addressed or if the nature of the wrongdoing directly involves senior management, they are allowed to take their concerns to an external authority.
To support employers and employees in navigating the whistleblowing process, the New Zealand Ombudsman provides guidance and resources. This includes information on how to make a protected disclosure and what protections are available to whistleblowers under the law.
Employers need to ensure their data privacy policies are in compliance with New Zealand’s data privacy law, the Privacy Act 2020, and its underlying principles. These policies should protect employee personal information and to manage it responsibly.
To remain compliant, employers must keep the following considerations in mind:
It’s important to incorporate these considerations into your company’s privacy policies and ensure that all employees are aware of these policies. Any breach of the Privacy Act can lead to complaints, investigations, and even enforcement actions by the New Zealand Privacy Commissioner.
All workers, including temporary agency workers, are entitled to fair treatment under the Employment Relations Act 2000 and other employment legislation, which ensures basic employment rights and protections. Employers, including temporary work agencies, should adhere to non-discrimination policies and provide equal opportunity regardless of immigration status.
Agency workers enjoy the same rights and protections as other employees, such as receiving at least the minimum wage, holiday entitlements, and legal working hours, among other rights. To prevent exploitation and discrimination in the workplace, New Zealand’s labour laws mandate fair treatment for all employees, including temporary agency workers.
In the workplace, anti-discrimination principles are primarily governed by the Human Rights Act 1993. This act prohibits discrimination on various grounds, such as race, sex, marital status, religious belief, ethical belief, colour, age, political opinion, employment status, family status, and sexual orientation. It covers all aspects of employment, including job advertisements, recruitment, terms and conditions of employment, training, promotion, and termination.
The Employment Relations Act 2000 complements the Human Rights Act by ensuring all employees are treated fairly and can work in a safe and healthy environment free from discrimination.
Moreover, New Zealand’s Bill of Rights Act 1990 upholds the right to freedom from discrimination, strengthening the protections afforded to individuals.
Several pieces of legislation address workplace harassment, including bullying, sexual harassment, and racial harassment, to prevent and manage such behaviour. The following laws and regulations aim to create a safe and healthy environment for all employees.
All employees and applicants for employment are protected from unlawful age discrimination. The New Zealand Bill of Rights Act 1990 ensures that everyone has the right to freedom from discrimination on the grounds contained in the Human Rights Act 1993.
The Human Rights Act 1993 prohibits discrimination on several grounds, including age, ensuring that individuals are treated fairly and without prejudice in various areas of life, including employment. This means that actions or policies that unfairly differentiate among individuals on the basis of age could be considered discriminatory unless they can be justified under the Act. For employment, this covers all stages of employment, from recruitment and hiring to training, promotion, and conditions of employment.
In addition, the Act specifies that discrimination occurs when someone is treated unfavourably or is subjected to a detriment that others in similar conditions do not face, or when they are denied, opportunities afforded to others, based on one of the prohibited grounds of discrimination.
Employers are expected to have clear policies in place that outline what constitutes bullying, harassment, and discrimination, and the steps the organisation will take to prevent and respond to these behaviours. This includes creating an environment where such conduct is never tolerable, and all employees are treated with respect.
When bullying, harassment, or discrimination reports arise, it is crucial for the issue to be investigated carefully, considering the perspectives of both the complainant and the person being complained about. Such investigations must be impartial, thorough, and timely to ensure fairness and respect for all parties involved.
The Equal Pay Act 1972 in New Zealand is a key piece of legislation designed to ensure that men and women are paid equally for the same work.
This was further expanded by the Equal Pay Amendment Act in 2020, which provides a clearer process for raising and resolving pay equity claims. Here’s a simple breakdown of the Act:
A pay equity claim involves addressing and correcting pay disparities for work of equal value. This means comparing jobs that are different but comparable in terms of skill, effort, responsibility, and working conditions.
To raise a claim, it’s encouraged to first address the issue with the employer or through internal processes. If informal resolution doesn’t work, a formal pay equity claim can be lodged by the employee or through the union if informal resolution doesn’t work. Employers are required to review the claim and engage in discussions to assess and resolve the issue. They should provide a response and attempt to reach an agreement. This can sometimes lead to a resolution without needing formal claim procedures.
If the dispute cannot be resolved through mediation or negotiation, the claim may be taken to the Employment Relations Authority or Employment Court for a decision.
The impact of the Equal Pay Amendment Act on businesses in New Zealand can be seen in the increased focus on ensuring pay equity and reducing the gender pay gap within workplaces. Due to the introduction of this act, businesses are now more accountable for providing equal pay for work of equal value.
Employers must assess and rectify any inequities in pay that may exist, particularly in industries that predominantly employ one gender. This has a positive impact on promoting fairness and gender equality in the workplace.
The Act has also made it easier for workers to make pay equity claims. This change lowers the barriers to court action by making it a last resort, encouraging more constructive dialogue and negotiations directly between employers and employees.
Ultimately, this legislative development pushes businesses to be more proactive and diligent in examining and maintaining equitable pay practices, which can improve employee satisfaction and reduce the likelihood of legal disputes.
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in New Zealand. Get it wrong, and you could face legal action and damage to your reputation.
Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
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