Law Lenz: Employment Law Done Right

Are Restraints of Trade Actually Enforceable?

Restraints of trade are one of the most misunderstood clauses in New Zealand employment agreements. Some employees think they are meaningless. Some employers think they are bulletproof. Both assumptions can land you in trouble.
In this episode, host Sanam unpacks how restraints actually work in practice and why the Employment Relations Authority (ERA) has moved well past the idea that they are “not worth the paper they’re written on”. Drawing on real world examples and ERA cases, this episode focuses on what genuinely makes a restraint enforceable.
You’ll hear why reasonableness is everything, why overreaching is risky, and why evidence matters more than intention.
In this episode, Sanam covers:
What a restraint of trade is designed to protect under NZ employment law
The difference between common restraints like the non-competition and non-solicitation clauses and why it matters
The three interests the ERA consistently takes seriously
How the ERA assesses reasonableness in relation to time, geography, and scope
Practical takeaways for employers drafting restraints 
If restraints have ever felt confusing, intimidating, or oddly ignored, this episode will bring you clarity and help you adapt them to your business. 
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Cookright Filtering Services v Hill & Thomas
Cookright Filtering Services v Hill & Thomas (Cost Determination)
What is a Restraint of Trade in New Zealand? - Legal Vision NZ
Non-Solicitation Restraint Clause Example - MBIE Employment Agreement Builder
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

The Employment Leave Act - Everything We Know So Far

Is the Holidays Act finally getting scrapped? The Coalition Government has officially announced plans to ditch the Holidays Act and replace it with a new Employment Leave Act. If your brain immediately went to “uh oh… payroll,” you’re not alone!
In this episode, join host Sanam as she breaks down everything we know so far about the announcement. From key changes to what the new rules mean for different types of workers, this episode covers everything you need to know. 
The road ahead is long, but this episode sets the scene and gives you a solid foundation to start preparing your business now.
Want the full breakdown of the Employment Leave Act, including FAQs, timelines, comparison tables and a 3-phase action plan? [CLICK HERE] to download your free guide now! 
Follow Sanam on LinkedIn for key employment law updates.
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Holidays Act reform - Ministry of Business, Innovation and Employment
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

What to Say to Your Legal Representative (and Where to Find One)

You’ve just been hit with a personal grievance. Stress is high and the stakes feel even higher. The last thing you need is confusion about who to turn to or how to brief them.
In this episode, host Sanam talks through the difference between lawyers, advocates and consultants, and how to decide who is the best fit for you. She also shares what to say when you meet with them, how to avoid wasting time and money, and a simple framework you can use to keep the conversation clear and focused.
By the end, you’ll know how to find the right representative, ask the right questions, and walk into that meeting confident and prepared.
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Need help figuring out if you have the right worker on your hands? Download the ‘Who’s Your Worker?’ guide HERE - this is a FREE resource packed with top tips, FAQs, quizzes + more to help you classify your worker with confidence.
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Find a lawyer - NZ Law Society
Representatives, help and advice - Employment Relations Authority
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Political Opinions at Work - Can Employees Be Fired for What They Say?

The shocking assassination of Charlie Kirk has ignited global conversations about free speech, politics, and the boundaries of expression. But how does this play out in your workplace? In New Zealand, political expression by employees is a legal minefield. Employers must carefully balance freedom of expression with the duty to protect reputation, maintain trust, and comply with employment law standards.
In this episode, host Sanam breaks down the rules around political conversations at work. Here's what we'll cover:
When an employee’s political opinions cross the line into misconduct
How the Employment Relations Authority and Courts assess off-duty social media posts
The tricky space for public sector employees under the their guidelines and framework
Why “freedom of expression” is not a free pass in the NZ employment context
Using recent cases and real-world examples, Sanam unpacks what NZ employers need to know about politics in the workplace. Because when global headlines collide with workplace compliance, you need more than opinions. You need to know your rights.
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Need help figuring out if you have the right worker on your hands? Download the ‘Who’s Your Worker?’ guide HERE - this is a FREE resource packed with top tips, FAQs, quizzes + more to help you classify your worker with confidence.
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Talking politics at work a bad idea - Wmrk Lawyers
Discrimination at work - NZ Government
Turner v. Te Whatu Ora – Health New Zealand, in respect of the former Wairarapa District Health Board [2023] NZEmpC 158 - Employment Court Case
Pros and cons to political discussions at work: survey - HRD Mag NZ
Political opinions at work: when is it grounds for dismissal? - HRD Mag NZ
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

RIP Pay Secrecy – How to Prepare for the New Pay Transparency Laws

Pay secrecy in New Zealand workplaces is on its way out! With the Employment Relations (Employee Remuneration Disclosure) Amendment Bill moving through Parliament, employers will soon no longer be able to rely on confidentiality clauses to stop staff talking about pay.
This is more than a legal technicality. It’s a cultural shift that will shape workplace transparency, trust, and team dynamics. It's critical to know how the law applies to you, but also what to expect when the change officially comes into place. Employers and HR need to be ready for the questions, the comparisons, and the conversations that will follow.
In this episode, join our host Sanam as she breaks down what the bill is really about, what’s changing, and the new personal grievance risks. She will also share practical steps to prepare now. From auditing pay structures to reviewing employment agreements, building your comms plan, and training managers. 
This one is for HR professionals, business owners, and leaders across every industry in New Zealand who want to stay compliant and confident before the law changes hit.
Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!
Need help figuring out if you have the right worker on your hands? Download the ‘Who’s Your Worker?’ guide HERE - this is a FREE resource packed with top tips, FAQs, quizzes + more to help you classify your worker with confidence.
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Employment Relations (Employee Remuneration Disclosure) Amendment Bill - Parliament NZ
New Zealand businesses urged to prepare for pay secrecy law - CFOtech article
Legislation that lets workers talk about salaries likely to pass into law - RNZ article
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Workplace Romances - What the Coldplay Kiss Cam Can Teach Employers

The Coldplay kiss cam broke the internet last week and no one expected to see a CEO and CPO (yep, the head of HR!) in the spotlight. But beyond the headlines lies a much juicier compliance dilemma.
We recognise that many employers across New Zealand probably haven't even thought about workplace relationships or where they can go wrong. In this episode, host Sanam pulls apart the legal implications of workplace romances, especially when the power dynamic is off-kilter. She unpacks the real-life case of Raravula v Northern Rescue Helicopter Ltd [2025] NZERA 238, where a workplace romance collided with serious employment consequences.
You’ll learn:
Whether NZ employers can actually "ban" relationships at work
When disciplinary action could be justified
How to manage risks without overstepping legal boundaries
The key lessons from the Raravula case (and what Northern Rescue got right and wrong)
If you’re in HR, lead a team, or just love a good case breakdown with a side of legal tea - this one’s for you.
Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!
Need help figuring out if you have the right worker on your hands? Download the ‘Who’s Your Worker?’ guide HERE - this is a FREE resource packed with top tips, FAQs, quizzes + more to help you classify your worker with confidence.
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
ERA Determination Raravula v Northern Rescue Helicopter Ltd - Employment Relations Authority
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Good vs Bad Job Ads - What You Can (and Can't) Say

Job advertisements are often overlooked in the compliance conversation, but under New Zealand employment law, they matter more than you might think. The language you use can shape your brand, attract the right candidates, or land you in legal trouble (yikes!).
In this episode, join host Sanam as she breaks down the legal risks hidden in everyday job ads. From subtle bias in wording to outright discriminatory requirements. You’ll learn what makes a job advertisement lawful, what crosses the legal line, and when exceptions might genuinely apply.
Expect practical, real-world examples of non-compliant job ads, why they don’t meet the legal standard, and how to rewrite them in a way that is inclusive, accurate, and compliant.
This episode covers:
The Human Rights Act and Employment Relations Act governing job advertisements in New Zealand
Legal risks and consequences of getting job ads wrong
A mini checklist that can be used when reviewing the job ad
How to spot and avoid discriminatory language
Examples based on age, sex, disability, and family status
When exceptions apply and what you need to prove
If you’re an HR professional, hiring manager or business owner involved in hiring, this episode is a must-listen. Tune in to strengthen your recruitment process and protect your business.
Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!
Need help figuring out if you have the right worker on your hands? Download the ‘Who’s Your Worker?’ guide HERE - this is a FREE resource packed with top tips, FAQs, quizzes + more to help you classify your worker with confidence.
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Discrimination & prohibited grounds - Employment NZ
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Ask Law Lenz: Can I Hire Them As A Casual Employee?

In this Ask Law Lenz episode, we tackle one of the most common and misunderstood questions in New Zealand workplaces: “Can I just hire them as a casual?”
While it might be easy to label someone a casual employee, ensuring they actually are casual in the eyes of the law is a whole different story.
Join host Sanam as she unpacks what legally defines a casual employee under New Zealand employment law, busts common myths, and highlights red flags that could mean your so-called “casual” is really a permanent employee in disguise.
In this episode, Sanam covers:
The legal definition of casual employment in New Zealand
How casual, "part-time", and permanent roles differ
Common mistakes employers make when classifying workers
Best practices for managing casual employment the right way
Real case examples where casual missteps led to big consequences
A step-by-step guide to help you confidently classify your workers (HERE)
Whether you’re in HR, managing a small business, or an employer trying to stay compliant, this episode is packed with practical information to help you navigate casual employment.
Tune in to find out: is your employee really a casual, or just labelled one?
Need help figuring it out? Download the ‘Who’s Your Worker?’ guide HERE - this is a FREE resource packed with top tips, FAQs, quizzes + more to help you classify with confidence.
Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!
Check out Lisa Young’s HRHQ Membership HERE! Feel supported with tailored guidance, content and access to a massive HR community.
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE.
Resources:
Casual employment - MBIE
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Movies, Lies and Slacking Off - A Spot-On Dismissal Case

Dismissing an employee always feels scary. Even if you think you've got it in the bag, you’re left wondering… have I done everything right?
Because the reality is when you get it wrong, it can cost you time, trust, and cash. So what does “getting it right” actually look like?
In this episode, we're diving into a real-life case from the Employment Relations Authority involving a shift manager, suspicious GPS data, and a whole lot of time spent… not working.
But this isn’t just about what the employee did wrong. It’s about what the employer did right! From the investigation to the disciplinary process, this is a masterclass in handling serious misconduct, maintaining procedural fairness, and making a dismissal stand up legally.
Join Sanam as she breaks down:
The case of Sahil v First Security Guard Services Limited [2025] NZERA 310
What makes a dismissal legally justified under NZ employment law
When you separate an investigation from a disciplinary process
How to manage misconduct in high-trust or senior roles
The importance of documenting your process (and what to include)
What to test when assessing an employee’s credibility
If you’re an employer, HR lead, people manager or business owner thinking, “I know something’s off, but I’m not sure what to do next”, this one’s for you.
Because when it comes to dismissals, being fair and reasonable isn’t optional. It’s the law.
Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Sahil v First Security - ERA Determination
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

We're Back, But What in the Pay Equity is Going On?

Law Lenz is officially back from break! While we were gone, employment law kept on moving. So much so, that on 13 May 2025, the Coalition Government passed urgent changes to New Zealand’s Equal Pay laws. By introducing hierarchical comparators, that claims must have "merit" and redefining what counts as a female-dominated workforce, the changes have impacted employees across industries such as healthcare, teaching and corrections. As the changes have swept the nation, it has caused major outrage and controversy. 
In this episode, join host Sanam as she breaks down:
What changed in NZ’s pay equity legislation
Why the Coalition Government says the changes were necessary
What the unions and opposition party thinks
The controversy of equal pay and the Federal Budget
What other countries have done with their pay equity systems
The current real-life impact across NZ
Whether you're a compliance guru, a business owner, or just want to understand how gender, politics and budgets collide, this bite-sized episode is your go-to explainer.
Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!
Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Changes to improve pay equity process - Beehive
Equal Pay Amendment Bill - NZ Parliament
‘Women’s pay' and ‘retirement funds’ paying for Budget 2025, Labour says - Stuff article
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.