Dear HR

Outsourced HR management provides employers with access to specialist expertise, compliant employment practices, and modern HR tools while reducing cost, risk, and administrative workload. It saves time and offers flexible, scalable support, enabling businesses to focus confidently on both day‑to‑day operations and longer‑term strategic priorities

Misconduct refers to inappropriate behaviour that may justify disciplinary action. Serious misconduct is behaviour so severe it can justify dismissal without notice such as theft, violence or serious breaches of policy.

If an injury occurs at work and the ACC claim is accepted, the employer is required to pay 80% of the employee’s usual income for the first calendar week.
If the injury happens outside of work, the employee may choose to use sick leave or annual leave to cover the first week following the injury.

After the first week, ACC pays 80% of the employee’s usual earnings while they are unable to work. Employees can also request that the employer pay one day of sick leave per week (if sick leave is available) to top up their income.  If it is agreed that the employee will return to work in a part-time capacity as part of a return-to-work plan, the employer will need to pay for the hours they work and ACC will top up their income.

After six months of employment (unless an earlier entitlement is stated in the employment agreement), an employee is entitled to 10 days of sick leave each year. Employees may use sick leave when they are sick or injured, or when their spouse, partner, dependent child, or another dependent is sick or injured.

If an employee is sick for three or more consecutive days, you may require evidence, usually a medical certificate from a doctor or registered health professional confirming they are unfit for work.

You may request evidence within the first three days in some cases, but the employer must cover reasonable costs such as the doctor’s fee.

If proof is required, the employee must be notified as soon as possible

If an employee (or their spouse, partner or dependant) becomes sick or injured before their annual leave starts, the days they are sick can be taken as sick leave instead of annual leave.

If the illness or injury happens while the employee is already on annual leave, the sick days can be changed to sick leave if the employer agrees. The employer may ask for proof of the illness or injury before allowing annual leave to be changed to sick leave.

If you have employees working from home, a work from home policy is strongly recommended to set clear expectations and manage responsibilities around performance, health and safety, privacy, and security.

Having a policy also helps align flexible working arrangements with employment agreements and supports a high-performing, legally compliant workplace.

Under the Health and Safety at Work Act 2015, employers must, so far as reasonably practicable ensure the health and safety of employees, including those working from home. Employees also have a responsibility to take reasonable care of their own health and safety and follow their employer’s health and safety instructions, policies, and procedures.

Employees who regularly work from home may face social isolation, so employers should support regular connection with colleagues through office time or regular phone, email, or video catch-ups.

Police or criminal record checks are not required for all roles, but are mandatory for some positions, such as those involving working with children or vulnerable people. When conducting checks employers must obtain consent and ensure any checks are relevant, fair, and comply with the Privacy Act 2020 and good employment practice.

An employee cannot be placed on a trial period if they have previously worked for the employer.  Trial periods can only be used when an employee is working for an employer for the first time.

An employee may be placed on a probationary period even if they have worked for the employer before, including where they are an existing employee moving into a new role.

Under New Zealand employment law, a trial period applies only to new employees and allows dismissal within the first 90 calendar days without a personal grievance claim for unjustified dismissal. This is only valid if it is agreed to in writing before work begins and the employee has not previously worked for the employer.  Notice is still required, and other personal grievance rights such as discrimination or harassment continue to apply.

A probationary period is a defined assessment period used to evaluate an employee’s performance or suitability and can apply to both new and existing staff. It has no set maximum length (though it must be reasonable and is commonly around three months).  It does not remove the right to raise a personal grievance, meaning employers must follow a fair process that includes feedback, support, and a genuine opportunity to improve before termination is considered

A contractor is a self-employed person or entity engaged to provide a service, usually invoicing for work, controlling how it is carried out, working for multiple clients, and supplying their own tools. An employee by contrast works within the business under the employer’s direction and receive a range of legal employment protections.

The difference matters because labels alone do not determine legal status, decision-makers may assess the true working relationship, including control, integration, intention and independence. Misclassifying a worker can expose businesses to leave claims, termination disputes, and tax or payroll liabilities, so it is important to get it right from the start.

Employers in any industry may use a 90‑day trial period for employees who are working for them for the first time. The trial period must be agreed to by both parties, included in the employment agreement, and signed before the employee starts work. The employee must also have been provided reasonable opportunity to seek independent advice.

If an employee is dismissed during the trial period, they cannot raise a personal grievance or other legal claim relating to the dismissal. The employer must ensure they give the notice stated in the agreement, or reasonable notice if none is specified.

Yes.  Under New Zealand employment law, an employment agreement must be in place before an employee starts work. The agreement is a legally binding document that sets out the key terms and conditions of employment, including pay, hours of work, job duties, and the rights and obligations of both the employer and employee, and it must be signed by both parties before the employment begins.

The Health and Safety at Work Act 2015 requires all New Zealand businesses to proactively manage health and safety risks. A Health and Safety Management System should be put in place, this doesn’t need to be complex but must include hazard identification, risk controls, staff training, and ongoing improvement of workplace safety.

The duty to act in good faith goes both ways—employees are expected to communicate openly and honestly, just like employers. If someone refuses to attend a disciplinary meeting, your responsibility is to make sure they’ve had a fair chance to respond. That means offering them the opportunity to attend a meeting or, if they prefer, to provide their response in writing. If they still choose not to engage, you’re within your rights to make a decision based on the information available. We recommend putting this in writing—let them know the process will continue and give them a final chance to participate. If they don’t, you can move forward and reach an outcome with confidence that you’ve acted fairly and reasonably.

Having a job description is strongly recommended. It clearly outlines the role’s responsibilities, expectations, and required skills, helping both managers and candidates understand the position. A detailed job description also supports fair and consistent assessment and improves the chances of attracting and selecting the right candidate

Start by speaking with each employee individually and listening carefully to understand what is happening and what they need.  Many conflicts arise from misunderstandings, miscommunication or unclear expectations, so using facilitated discussions, mediation, or communication frameworks such as “I statements” or tools such as DISC assessments can help understand perspectives and restore a positive working relationship.

Policies and HR documents should be reviewed regularly (at least annually) to ensure they remain up to date and relevant, particularly when roles change, the business grows, or employment laws are updated

Not necessarily—but it’s always a good idea to start by checking whether your company has any recruitment policies in place that guide how roles should be filled. If there’s no set process, then yes—you can absolutely choose who you appoint and how you go about it. That said, it’s worth taking a moment to consider whether others on your team might be interested in the opportunity. Even if you’re leaning toward someone specific, having a fair and open process helps build trust and shows your team that everyone has a shot. It’s not just about ticking legal boxes—it’s about fostering a positive, transparent culture where people feel valued and included.

If your Employment Agreement includes a clause stating that you can require them to work on public holidays—and it’s a normal workday for them—then wanting the day off would be treated like any other leave request. They should apply for annual leave, and you have the right to approve or decline it based on business needs. If approved, they’d be paid their usual annual leave entitlement. If it’s not a regular workday for them, or if there’s no clause about working public holidays, then the rules might differ—so it’s always worth double-checking the agreement and any relevant legislation.

You don’t have to give her the promotion—but be very careful. Your decision must be based purely on merit, not her pregnancy. Discrimination laws, particularly under the Human Rights Act, carry significant penalties—often more serious than breaches of employment law. The key is to focus on the candidate’s skills, experience, and suitability for the role. If she’s the best person for the job, pregnancy shouldn’t come into it. Planning for parental leave may be a short-term challenge, but making a fair, lawful decision is essential—for both your team culture and your legal protection.

This situation can be tricky to handle. On one hand, natural justice means that if someone is accused, they have the right to know the details of the complaint and who made it, so they can respond fairly. On the other hand, it’s completely normal for employees to feel worried about possible backlash or how making a complaint might affect them. You’ll need to consider whether you have enough information to investigate without the employee’s formal complaint or identity. If that’s not possible, you might suggest informal mediation or run a team session to refresh everyone on expected behaviors and respect at work. The key is to balance fairness with creating a safe environment—showing you take concerns seriously, even if they’re not formally documented.

Raising concerns based on secondhand information can be tricky and often unhelpful. Conversations that start with “I’ve heard” tend to get lost in where the information came from rather than focusing on the real issue. A good first step is for you to attend some of these meetings yourself and observe the behavior firsthand. That way, you can address any concerns with specific examples. Alternatively, you could take this opportunity to reset meeting expectations with the whole team—highlighting behaviors to avoid and promoting a positive culture. This approach encourages team members to hold each other accountable and can help shift attitudes before small issues grow into bigger problems.

Change in management is always a challenge for any team since every manager brings their own style. We recommend working closely with the new manager to approach this as a change management opportunity. We suggest working with the new manager to approach this with a change management perspective. If you can identify whats different, communicate the reasons for this and build team commitment to the new performance expectations, the manager will be far more successful.