Law Lenz: Employment Law Done Right

Very few employers walk into a disciplinary meeting having prepared questions. Host Sanam recently sat in on a disciplinary meeting from the other side of the table, supporting someone close to her rather than the employer. Accusatory language. No structure. Stacked allegations. This could've all been avoided if the employer knew how to run and handle the meeting...properly!

There is plenty out there on how to prepare for a disciplinary meeting. There is almost nothing on how to actually run one once you are in the room. That is what this episode is for.

In this episode Sanam covers:

Why a disciplinary meeting is a fact finding mission

The section 103A test, and the four things the ERA will check

Important prep tips that make for a better meeting

How to frame questions correctly and the four types of questions you need to know

Meeting must haves and the mistakes that sink employers fastest

The line to take away. The quality of your questions is the quality of your defence.

Mentioned in this episode:

Section 103A of the Employment Relations Act 2000, the test of justification

Section 4 of the Employment Relations Act 2000, the duty of good faith

Employment New Zealand guidance on resolving problems and disciplinary processes

We do employment law differently at Law Lenz!

How? Through unique workshops and hands-on training. On The Front Foot is open for booking now. It is built for managers and leaders who need to know what they can say and what they cannot before they are in the room. Out Of The Grey is for the HR teams already dealing with the curlier situations. Both at lawlenz.co.nz

Check out the Law Lenz website lawlenz.co.nz

Want to book a workshop? Book a Clarity Call HERE!

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? Email them to ask@lawlenz.co.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.

An employee derails a disciplinary process. Or maybe they stole from you and you can prove it. But what if you missed a step in the process? Under the old law, one missed step could still have cost you the case anyway. 

This is Part 3 of our three part series on the Employment Relations Amendment Act (ERAA). Since 21 February 2026, the same reforms that reshaped contractor law have also rewritten what an employee gets awarded when their own conduct helped cause the grievance.

Join host Sanam as she breaks down the new two-tier contribution structure. From what changes when an employee's conduct contributed to their own dismissal, to what the cases are already showing us, all the way through to the questions you sent through for us to answer.

In this episode we cover:

The two-tier contribution structure introduced this year

Section 123B, the full remedy exclusion for serious misconduct contribution

Why lost wages can now be reduced by up to 100%

The new obstruction factor under Section 103A and the end of "minor" procedural defects

What "deliberate" means when it comes to serious misconduct, and what the case law is already showing

Why vague policies are now a genuine liability

Your questions on obstruction, procedural gaps, and defining serious misconduct in your own agreements

Mentioned in this episode:

The Employment Relations Amendment Act 2026, which sets out the two-tier contribution and remedy structure and the updated justification test

CMA Law's case note, What Counts as Deliberate: The Johnstone Case and the New s 123B, covering Insight New Zealand 2007 Ltd v Johnstone [2026] NZEmpC 101

Frontline Law's commentary, A Significant Shift: Understanding the 2026 New Zealand Employment Law Overhaul, on the risk of the new remedy structure creating a licence to be sloppy

RNZ's coverage of the Qube Ports case, ERA finds Qube wrongly fired port workers who refused to work with a colleague they deemed unsafe

Check out the Law Lenz website lawlenz.co.nz

Want to book a workshop? Book a Clarity Call HERE!

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? Email them to ask@lawlenz.co.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.

A contractor gets hurt on a job. He claims he was actually an employee. A single missing document decides the approach in 2026.

This is Part 2 of our three part series on the Employment Relations Amendment Act (ERAA). On 21 February 2026, the biggest shake up to contractor law in 25 years came into force. 

Join host Sanam as she breaks down the new gateway test. From what's changed, to what the cases are already showing us, all the way through to the questions you sent through for us to answer.

In this episode Sanam covers:

When the gateway test applies

The five gateway criteria and what each one actually requires

Why a written agreement alone will not save you

What happens when a contractor fails the gateway test

Subcontractor vetting, and where the line sits

The end of the 30 day collective coverage rule for new employees

Your questions on set hours, exclusivity clauses, and subcontracting

Mentioned in this episode:

The Employment Relations Amendment Act 2026, which sets out the specified contractor gateway test and removes the 3 day collective coverage rule

Quigg Partners' overview, Employment Relations Amendment Act 2026, covering the five gateway criteria in full

Stuff's coverage of the marble slab case, The gateway test was initially used before applying the old test.

Check out the Law Lenz website lawlenz.co.nz

Want to book a workshop? Send your inquiry through HERE!

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? Email them to ask@lawlenz.co.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.

It has been four months since the Employment Relations Amendment Act 2026 became official. So we put the call out to our Law Lenz listeners. Ask our host Sanam anything. And you did.

This episode kicks off a three-part series on the legislation. What it changed, what cases we have seen so far, and the questions you sent through over the last couple of months.

In Part 1, Sanam digs into the $200,000 dismissal threshold and the quieter 90 day trial period change that slipped past most people. In this episode we cover:

What the threshold actually removes, and what it leaves untouched

How annual remuneration is calculated, and why base salary isn't the full story

The 12 month transition period, and why the clock is already running

Why senior employees can still bring claims, just through a different door

The 90 day trial period tightening, and the back door it now closes

Listener questions on redundancy, opt-outs, and where the threshold sits for existing staff

Mentioned in this episode:

The Employment Relations Amendment Act 2026, which sets out the high-income threshold provisions and the trial PG changes

Duncan Cotterill's article, Discrimination claims at work: why they may be the new battleground

Our previous episode on trial periods: Trial Periods Refresher: How to Avoid Costly Mistakes

Check out the Law Lenz website lawlenz.co.nz

Want to book a workshop? Send your inquiry through HERE

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? Email them to ask@lawlenz.co.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.

After a couple of months heads down building, Law Lenz officially has a proper home! And Sanam is way too excited about it.

In this episode she breaks down what she's been building, what Law Lenz now offers, and why she started it in the first place. Spoiler: too many good employers are getting employment law wrong not because they don't care, but because nobody ever gave them the tools and showed them how. That's the gap Law Lenz exists to fill.

Sanam also shares one practical thing you can do on Monday morning that could save you from a personal grievance. Hint: it starts with unclear expectations and it's more preventable than you'd think.

Plus a sneak peek at what's dropping next week. A three-part series on the Employment Relations Amendment Act (ERAA) changes, where things actually sit now, and Sanam answering listener ERAA questions.

In this episode we cover:

Why Law Lenz exists and who it's for

Workshops, courses and ER coaching now available

The expectation-setting tip that prevents disputes

What's coming in the ERAA series

Go have a look and let us know what you think. The website is lawlenz.co.nz

Sanam would like to extend a massive thank you to the amazing community here on the Employment Law Done Right podcast. This started with an idea and it has grown because of you all. Thank you! 

Check out the Law Lenz website HERE

Want to Book a Clarity Call? Send your inquiry through to Sanam HERE

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? Email them to ask@lawlenz.co.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.