Work disputes and unpaid wages
If you have a problem with your employer, were dismissed unfairly, or are owed wages, talk to your employer first. Then use the free official services: Employment New Zealand's Early Resolution service and free MBIE mediation. To raise a personal grievance, you usually must tell your employer in writing within 90 days. If you cannot agree, you can apply to the Employment Relations Authority (ERA) for a decision. You can report problems with minimum wage, holiday pay and similar issues to the Labour Inspectorate. Migrant workers who are being exploited can call 0800 200 088.
Key facts
- Time limit for a personal grievance
- Within 90 days of the problem happening or of you finding out about it (whichever is later), raised with your employer. If you were dismissed, the 90 days start from the end of your employment.1
- Time limit for a sexual harassment grievance
- Within 12 months of it happening or of you finding out about it (whichever is later)1
- Time limit to take a grievance to the ERA
- Within 3 years of first raising the personal grievance with your employer1
- Asking for written reasons after dismissal
- You can ask within 60 days of finding out you were dismissed. Your employer must give the reasons in writing within 14 days.1
- High-income employees
- Different rules apply to unfair dismissal grievances for employees earning NZ$200,000 or more a year1
- MBIE mediation (Employment Mediation Services)
- Free. It can be in person, by video or by phone, and usually takes about 3 hours.2
- Employment New Zealand phone
- 0800 20 90 202
- ERA application fee
- NZ$71.55 (including GST). It cannot be waived and is not refunded if you withdraw.3
- ERA investigation meeting costs
- The first day (half or full day) is free. After that, NZ$153.33 (including GST) per half day, paid by the applicant.3
- What the Labour Inspectorate deals with
- Legal minimum standards: minimum wage, holiday pay, leave entitlements, deductions from wages, record keeping and similar. It does not deal with general disputes or contract terms that are above the legal minimum.4
- Reporting migrant exploitation
- Online form, or phone 0800 200 088 (Monday to Friday 8.00am–5.30pm, except public holidays). Interpreting is available in more than 180 languages.5
Who is this for, and what are the requirements?
- Personal grievances are for employees and former employees. Examples: unfair (unjustified) dismissal, unfair treatment at work (unjustified disadvantage), discrimination on legal grounds, sexual harassment or racial harassment.
- If you are dismissed during a trial period, you usually cannot raise a grievance for unfair dismissal. There are a few exceptions, for example if your employer did not give the notice set out in your agreement, or if your agreement did not include a trial period.
- Employees earning NZ$200,000 or more a year have different rules for unfair dismissal grievances. See Employment New Zealand's dismissal rules for high-income employees.
- Migrant workers on temporary visas have the same minimum employment rights as New Zealand workers and can use all of these services.
- Mediation is open to both employees and employers, and it is free.
How do I do it? Steps and process
- Talk to your employer and keep evidence
First talk directly to your employer (or your manager or HR). It is best to do this in writing (email or letter) and explain the problem clearly. Keep your employment agreement, payslips, rosters, your own record of hours, chat messages and emails.
- Call for free advice
Call Employment New Zealand on 0800 20 90 20 to learn about your rights. If you want to sort out the problem quickly before it gets worse, you can ask for Early Resolution. This is a free phone service where a neutral staff member helps you and your employer talk.
- Raise a personal grievance formally
Raise it with your employer within 90 days (12 months for sexual harassment). Say clearly what you are complaining about and why you think you have a grievance. Give enough detail so your employer can respond. It is best to do this in writing and keep a copy. The Employment New Zealand website has a sample letter.
- Apply for free mediation
MBIE's Employment Mediation Services are free, confidential and neutral. You can apply online (you need a RealMe login) or call 0800 20 90 20. You can bring family, a support person, a union representative or a lawyer. You and your employer can write down what you agree, and this can be legally binding. If you are being bullied, discriminated against or harassed and do not feel comfortable talking to your employer first, you can apply for mediation directly.
- Apply to the Employment Relations Authority (ERA) for a decision
If mediation does not work, you can apply to the ERA by filing a Statement of Problem. The application fee is NZ$71.55. The ERA investigates the facts and makes a legally binding decision. It can order unpaid wages or holiday pay to be paid, compensation, reinstatement (getting your job back) and more. You can represent yourself or have someone represent you. If you disagree with the ERA's decision, you can challenge it in the Employment Court within the time limit.
- Report breaches of minimum standards
If you did not get minimum wage, holiday pay was not paid, your employer made wrong deductions from your wages, or your employer does not keep records, anyone can report it to the Labour Inspectorate using the online form.
- If you are a migrant worker being exploited
Being asked to pay money for a job, pay back part of your wages, hand over your passport, work more hours than your visa allows, or being threatened with a report to immigration can all be exploitation. You can report it online or call 0800 200 088 (say your language to get an interpreter). If you are in danger, call 111 for the Police immediately.
What documents do I need?
- Your employment agreement (employment contract)
- Payslips, bank records showing payments, and your own record of the dates and hours you worked
- Rosters, and emails, text messages and chat messages with your employer
- Your dismissal notice or your employer's written reasons for dismissal (if you have them)
- A copy of your grievance letter (if you have already raised a personal grievance with your employer)
What should I watch out for?
- The 90-day limit is important. If you miss it, you can only continue if your employer agrees, or if you show exceptional circumstances and the ERA approves.
- If your employment agreement does not explain how to resolve problems, or does not mention the 90-day time limit, this may count as exceptional circumstances.
- If your own behaviour contributed to the problem, the ERA or the court can reduce your remedies and may not order reinstatement or compensation for hurt feelings. If it was serious misconduct, you will get no remedy at all.
- What is said in mediation is confidential. It cannot be used as evidence at the ERA or the Employment Court.
- The Labour Inspectorate does not deal with general employment relationship disputes, or with pay agreed in your contract that is above minimum wage. For these problems, use the steps of talking, mediation and the ERA.
- Employment New Zealand says demand for Early Resolution is currently high, so replies may be slow. Do not let the wait make you miss the 90-day limit.
- When MBIE gets a report of migrant exploitation, it works with Immigration New Zealand to assess the case and decide what to do about the employer. The government clearly says it wants people to report and not be afraid to ask for help. For advice on how this may affect your own visa, talk to a licensed immigration adviser or a lawyer.
- For complaints about discrimination, sexual harassment or racial harassment, you can also use the free dispute resolution service of the Human Rights Commission.
- This page is a plain-English summary of public information. It is not legal or immigration advice. For complex cases, talk to a lawyer or a union.
What has changed recently?
- The high-income threshold (starting at NZ$200,000) is adjusted every year from this date. Coming soonSource: employment.govt.nz ↗
- Changes to the Employment Relations Act took effect: employees on new employment agreements earning NZ$200,000 or more a year can no longer raise a personal grievance for unfair dismissal (or for unjustified disadvantage related to dismissal). Employees on existing agreements have a 12-month transition period. If an employee's own behaviour contributed to the problem, the remedies they can get are reduced.Source: employment.govt.nz ↗
Common questions
My employer has not paid my salary. Who can I complain to?
First, talk to your employer in writing, and keep your payslips, bank records and your own record of hours. For free advice, call Employment New Zealand on 0800 20 90 20. If you did not get minimum wage, you can report it to the Labour Inspectorate using the online form. For other pay disputes, use free MBIE mediation. If that fails, the Employment Relations Authority (ERA) can order unpaid wages to be paid.
I was fired without a reason. How do I complain, and is there a time limit?
Yes, there is a time limit. You must raise a personal grievance with your employer within 90 days from the end of your employment. You can ask for written reasons within 60 days of finding out you were dismissed. Your employer must give them in writing within 14 days. If you were dismissed during a trial period, or you earn NZ$200,000 or more a year, different rules may apply.
What is a personal grievance, and how do I write one?
A personal grievance is a formal complaint by an employee or former employee. Examples are unfair dismissal, unfair treatment at work, discrimination, sexual harassment or racial harassment. To write one, say clearly what you are complaining about and why. Give enough detail so your employer can respond. It is best to do it in writing and keep a copy. The Employment New Zealand website has a sample letter.
Does MBIE mediation cost money? Do I need a lawyer?
No, MBIE mediation is free. You do not have to bring a lawyer, but you can bring one. You can also bring family, a support person or a union representative. Mediation can be in person, by video or by phone, and it usually takes about 3 hours. Apply online with a RealMe login, or call 0800 20 90 20.
How much does it cost to take my employer to the ERA?
The ERA application fee is NZ$71.55 (including GST). It cannot be waived, and it is not refunded if you withdraw. The first day of the investigation meeting (half or full day) is free. After that, the applicant pays NZ$153.33 (including GST) per half day.
I am on a work visa and my employer asked me to pay money for the job. Can I report this? Will it affect my visa?
Yes, you can report it. Being asked to pay money for a job can be exploitation. Report it online or call 0800 200 088, Monday to Friday 8.00am–5.30pm. Interpreting is available in more than 180 languages. MBIE works with Immigration New Zealand on these reports, and the government wants people to report. For advice about your own visa, talk to a licensed immigration adviser or a lawyer.
I resigned and my employer has not paid my final pay and holiday pay. What can I do?
First, ask your employer in writing and keep your payslips and records. If holiday pay was not paid, anyone can report it to the Labour Inspectorate using the online form. You can also call Employment New Zealand on 0800 20 90 20 or apply for free mediation. If that does not work, the Employment Relations Authority (ERA) can order unpaid wages or holiday pay to be paid.
I am being bullied or harassed at work. Who can help me?
Employment New Zealand can help. Call 0800 20 90 20 for free advice. If you do not feel comfortable talking to your employer first, you can apply for free MBIE mediation directly. For discrimination, sexual harassment or racial harassment, you can also use the free dispute resolution service of the Human Rights Commission. A sexual harassment grievance must be raised within 12 months.
Answers are based on the verified content of this page — the official source always prevails.
Where can I check the official information?
- Personal grievancesEmployment New Zealand (MBIE) · employment.govt.nz
- MediationEmployment New Zealand (MBIE) · employment.govt.nz
- FeesEmployment Relations Authority · era.govt.nz
- Labour Inspectorate complaintsEmployment New Zealand (MBIE) · employment.govt.nz
- Migrant exploitationEmployment New Zealand (MBIE) · employment.govt.nz
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