Law Lenz: Employment Law Done Right

Engaging a contractor usually starts with good intentions. Sometimes it can end with you realising you have an employee on your hands instead.

This bite sized breakdown gives you a practical look at why contractor arrangements often fall apart when you move from paper to practice. In this episode, join me, Sanam, as I unpack what a true contractor actually looks like in the real world. Not in theory. Not in templates. In practice.

Using everyday examples like plumbers, cleaners, writers and gig workers, this episode explores how contractors should operate day to day. It covers the exact factors the Employment Relations Authority and the Courts focus on when deciding whether someone is genuinely independent or actually an employee. Think control, independence, risk, tools, and how integrated they really are.

You will also hear why the legal test does not suddenly change just because the work is modern, digital, or part of the gig economy. Plus a quick update on the contractor law reforms that may be coming later this year, and what still applies right now in New Zealand.

Perfect for a coffee break listen.

Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!

Follow me on LinkedIn for key employment law updates.

Got questions? Send them our way, and I will feature them in the next episode. Email your queries to [email protected].

Check out the Law Lenz website HERE.

Resources:

Employee or Contractor - 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.

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 [email protected].

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.

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 [email protected].

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.

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 [email protected].

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.

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 [email protected].

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.