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Workplace Victimisation. Whistle Blower Retaliation. Whistleblower Protection Act. Employment Relations Act.

Retaliation or Victimisation

What It Is

Retaliation (or victimisation) occurs when an employer punishes or disadvantages an employee for exercising their lawful rights — such as raising a personal grievance, supporting a colleague’s complaint, requesting accommodation, or reporting misconduct.

Common examples include:

  • Unjustified disciplinary action after you complain about bullying or pay.
  • Denial of promotion, hours, or training because you raised issues in good faith.
  • Ostracism or harassment after you file a claim or support another employee.

Such behaviour undermines the good-faith foundation of the employment relationship and is expressly prohibited by New Zealand law.

Your Rights and the Law

  • ERA 2000 s 103(1)(b) – You may raise a personal grievance if your employer’s actions cause you an unjustified disadvantage (for example, retaliation).
  • ERA 2000 s 4 – Both parties must act in good faith, including being responsive and not misleading or deceptive.
  • ERA 2000 s 4A – Authorises the Employment Relations Authority or Court to impose penalties for serious breaches of good faith.
  • HRA 1993 s 66 – Makes it unlawful to victimise a person for complaining of discrimination or assisting someone else’s claim.
  • Whistleblower Protection (Protected Disclosures (Protection of Whistleblowers) Act 2022) – Protects employees who disclose serious wrongdoing in the public interest.

Process (How a Case Generally Proceeds)

  • Record the sequence of events and document evidence of retaliation — Keep emails, meeting notes, performance reviews, and timelines showing the link between your complaint and the retaliation.
  • Raise a Personal Grievance — Within 90 days of the act (ERA 2000 s 114).
  • 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.
  • Employment Relations Authority Investigation – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination.
  • Employment Court Appeal – Possible for errors of law or procedure.
  • Employment Court Appeal — For legal or procedural errors.

Potential Outcomes / Remedies

  • Compensation for hurt, humiliation and loss of dignity (ERA s 123(1)(c)(i)).
  • Lost wages if the retaliation affected your income (ERA s 128).
  • Reinstatement or restoration of position.
  • Penalties for breach of good faith (ERA s 4A).
  • Orders to cease retaliatory conduct or to train managers.
  • Public declarations or policy review in serious cases.

Take Action Today

If you believe you’ve been punished for raising a concern or supporting a colleague, you may have a retaliation or victimisation claim under the ERA 2000 or HRA 1993. Get in touch with us to arrange a no-obligation consultation about your situation. We’ll assess your case, explain your options, help gather evidence, request your employment file, and help you pursue the justice and compensation you deserve.