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Retaliation or Victimisation at Work New Zealand - being targeted

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.