Whether you’re new to the workforce or have been employed for years, it’s never too late to review your prospective, or current, employment contract to know exactly what you are entitled to.

You, as an employee, have a number of core entitlements including: 

• your employer must treat you fairly;
• you must be paid at least a minimum wage. Currently for an adult, aged 16 years or over, that amount is $18.90 per hour;
• you can accrue and must be paid for leave including annual leave and sick leave. You are entitled to four weeks’ annual leave after 12 months of service, and must be paid at an average weekly earning over the past 52 weeks, or your ordinary pay at the time the holiday is taken, whichever amount is higher; 
• you have the right to raise a personal grievance (e.g., unfair dismissal or sexual harassment) either under either the Employment Relations Act, or the Human Rights Act. 

Often people aren’t aware of or don’t understand the terms of their employment contract and so cannot enforce the terms. This can result in employees being treated unfairly.

From a business perspective, employers need to be aware of employee entitlements and take steps to ensure they are met. Ignorance of the law is no excuse. If you are unsure, seek legal advice. It is the responsibility of the employer to know the current minimum wage rate, and to keep precise records about their employees so they can make accurate payments.

COVID-19 has meant that many workers have been forced to re-look at their employment contracts, but this practice should become the norm. 

If you have any questions about your contract or employment rights, please contact our office. 

Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]

T: 03 443 0922

W: www.aspiringlaw.co.nz

Tiffany Joyce specialises in property law, business & employment law, and family law at Aspiring Law.

Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.