Workplace Watch: Issue 14, April 2017

From 24 August 2026, Immigration New Zealand is broadening its “genuine employment” test for skilled residence applications, requiring roles to be free of visa-facilitation motives, operationally needed, New Zealand-based, and accurately described.

An employee works within your business under an employment agreement and receives statutory rights and protections, while a contractor is self-employed and provides services independently under a contract for services. The key difference lies in the nature of the working relationship, including the level of control, integration into the business, and legal obligations owed, and misclassification can expose your business to legal and financial risk.

In New Zealand, the right for an employee to have a support person in a range of different settings is well established and important to be aware of. Formal meetings, like a disciplinary meeting or similar process, can be intimidating for employees. Having a support person, whether that be a family member, friend or lawyer, can help employees through that process. Having a support person in a disciplinary meeting is often advantageous for an employer as well.

How to handle recordings in the workplace.

New Zealand's Modern Slavery Bill marks a significant development in global anti-slavery legislation, joining jurisdictions like the UK, Australia, and California in requiring large companies to report on slavery and human trafficking risks. How does this new framework compare to existing international standards, and what implications will it have for businesses operating across multiple jurisdictions?

Employees taking excessive amounts of sick leave over and above the statutory entitlements can cause numerous problems.

This guide explains employment agreements for New Zealand business owners, including required terms and how they operate in practice.

Helpful summary of key NZ employment law decisions relating to COVID-19.

This Bill aims to protect the position of employees who work under the direction of someone who is not their employer.

Restrictive covenants in New Zealand employment agreements are only enforceable if they are reasonable in scope, duration, and geographic area, and necessary to protect legitimate business interests such as confidential information, client relationships, or workforce stability.