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- By James Cartwright, Franklin Law Associate
As New Zealand businesses move through 2026, employment law changes are reshaping the workplace. Recent reforms in the Employment Relations Amendment Act 2026 and the Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025 have added new layers of responsibility for employers. It is more important than ever to stay informed and proactive.
One change is to the distinction between employees and independent contractors. Greater clarity has been introduced by the amendments, which take us back to a contract-focused interpretation of contractor arrangements – provided that the right boxes are ticked.
Businesses that rely on contractor arrangements should ensure that those relationships are genuine, as misclassification can lead to significant legal and financial consequences, as we have seen in the series of cases concerning Uber, which these amendments appear aimed at addressing.
The personal grievance framework has also evolved. There is now a stronger emphasis on accountability from both parties, with outcomes increasingly reflecting the conduct of those involved.
For employers, this highlights the importance of following fair and transparent processes, as well as maintaining clear and accurate records when managing workplace issues.
Pay transparency is another area that is shifting. Employees are now more openly able to discuss their wages. Any attempt to restrict this, for example by claiming that the information is confidential, will not be enforceable.
Negative reactions to pay remuneration disclosure are now risky business and may invite a personal grievance for adverse conduct against the employer. This shift reflects a broader focus on fairness and equity in the workplace, and employers should ensure their policies align with these expectations.
Employment law is continuing to change, and taking a proactive approach now can help businesses remain confident, compliant, and prepared for the future.
For more information visit www.franklinlaw.co.nz or contact 0800 842 972.
