Overview
What happens if my employer breaches my minimum rights?
Employment Relations Act 2000, ss 4B, 130, 142G; 235B; 235E
All employees in New Zealand have minimum employment rights that can’t be taken away. These rights apply even if they aren’t mentioned in your employment agreement, or if your employer asks you to agree to less rights.
The law around your minimum rights at work is strictly enforced. Your employer can be penalised if your minimum rights are breached – for example, if you aren’t given minimum wages, holidays, breaks, and/or breastfeeding facilities. If your employer is an individual, the penalty can be up to $50,000. If your employer is a company, the penalty could be more than $100,000.
Your employer has to keep a copy of your records, including your employment agreement and the hours you’ve worked. If they don’t keep these records, they could be fined $1,000.
Where can I go for help if I think my employer is breaking the rules?
A labour inspector can investigate any potential breaches of these minimum rights. Labour inspectors work for the Ministry of Business, Innovation and Employment (MBIE). You (or a labour inspector) can apply to the Employment Relations Authority (the “ERA”). The ERA can order your employer to pay you a monetary penalty for breaching your rights.
If there is a union at your workplace, you can also contact your union representative for support with this process.
For more information, see: “Resolving employment problems”, and “Where to go for more support” at the bottom of this page.
