Skip to content
Get in touch
Health and Safety Failures New Zealand

Health and Safety Failures

What It Is

A health and safety failure occurs when your employer neglects their legal duty to provide a safe and healthy workplace. This includes both physical hazards (e.g., unsafe equipment, violence, fatigue, or exposure to harm) and psychological hazards (e.g., stress, bullying, or overwork). Such failures can cause serious injury, mental distress, or constructive dismissal and may breach multiple laws.

Your Rights and the Law

  • Health and Safety at Work Act 2015 (HSWA 2015)
    • s 36(1) – Employers (as PCBUs) must ensure, so far as is reasonably practicable, the health and safety of workers while at work.
    • s 44–47 – Officers (e.g., directors, managers) must exercise due diligence to ensure compliance.
    • s 48–49 – Failure to comply can result in prosecution and fines.
    • Psychological harm (stress, bullying) is recognised as a workplace hazard under HSWA 2015.
  • Employment Relations Act 2000 (ERA 2000)
    • s 103(1)(b) – Allows a personal grievance for unjustified disadvantage where poor health and safety management harms your wellbeing.
    • s 4 – Requires employers to act in good faith, including providing a safe environment and consulting staff about risk.
  • Human Rights Act 1993 (HRA 1993)
    • s 21 – Protects against discrimination on disability or health grounds (relevant when safety risks arise from ignored medical needs).

Process (How a Case Generally Proceeds)

  1. Report Concerns Internally – Raise issues via incident reports, emails, or health-and-safety representatives.
  2. Seek Medical or Stress Leave – Document injuries or psychological harm with medical evidence.
  3. Employer Response / Investigation – Employer must investigate and mitigate hazards promptly.
  4. Raise Personal Grievance – If unsafe practices continue or you’re disadvantaged, raise under ERA 2000 s 103 within 90 days.
  5. Mediation / ERA Hearing – We assist in MBIE mediation and, if unresolved, escalate to the Employment Relations Authority (ERA) or the Employment Court.
    1. Mediation – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation.
    2. Employment Relations Authority Investigation – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination.
    3. Employment Court Appeal – Possible for errors of law or procedure.
  6. Parallel WorkSafe Complaint – In severe cases, a separate report may be filed to WorkSafe NZ for enforcement under HSWA 2015.

Potential Outcomes / Remedies

  • Compensation for hurt, humiliation, or injury to feelings.
  • Lost wages and medical costs if illness or absence resulted.
  • Orders to improve workplace safety or provide training.
  • Penalties against employers for serious HSWA 2015 breaches.
  • Reinstatement (rare, but possible if conditions improve).
  • WorkSafe enforcement such as improvement notices or prosecution.

Take Action Today

If your employer has failed to protect your health, safety, or wellbeing, you have rights under the HSWA 2015 and ERA 2000. Get in touch with us to arrange a no-obligation consultation about your situation. We’ll assess your case, request your employment file, help you gather evidence, raise a personal grievance, and help you pursue the justice and compensation you deserve. Our advocates can also help you pursue enforcement action to hold your employer accountable.