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Job discrimination law in Feilding is governed by national legislation and enforced by national bodies, so the rules that apply in Feilding are the same as those across New Zealand. Employers must not discriminate against employees or job applicants on prohibited grounds, such as sex, race, age, disability, family status, sexual orientation, religion, or political opinion. Discrimination can occur in recruitment, pay, promotion, training, terms and conditions, workplace treatment, and dismissal. If you believe you have been discriminated against, you can pursue remedies through workplace dispute processes, the Human Rights Commission, the Employment Relations Authority, and the Employment Court.
Many discrimination matters are straightforward to resolve, but you may need a lawyer when the situation is complex, when significant outcomes are at stake, or when dispute resolution becomes formal. Common reasons to seek legal help include:
- You have been dismissed or forced out and suspect discrimination was the reason.
- Repeated harassment or hostile treatment at work that is based on a protected characteristic.
- Your employer refuses to provide reasonable accommodation for a disability or for pregnancy-related needs.
- A significant pay gap that may involve equal pay or systemic discrimination claims.
- You need help lodging a personal grievance, preparing evidence, or negotiating a settlement.
- The employer denies responsibility and the matter proceeds to the Employment Relations Authority or the Human Rights Review process.
A lawyer experienced in employment and human rights law can assess the strengths and weaknesses of your case, advise on time limits and likely outcomes, draft legal documents, represent you in negotiations or hearings, and help protect your rights at each stage.
Key legal provisions and institutions relevant to job discrimination in Feilding include:
- Human Rights Act 1993 - Prohibits discrimination in employment on specified grounds and provides a complaint process through the Human Rights Commission. Complaints aim for resolution but can be referred on for adjudication if necessary.
- Employment Relations Act 2000 - Governs workplace relationships and provides a personal grievance process for unjustified dismissal, unjustified disadvantage, and discrimination. Personal grievances are commonly raised with the employer and can proceed to the Employment Relations Authority or Employment Court if not resolved.
- Equal Pay Act 1972 and subsequent developments - Address pay equity issues and unlawful pay discrimination between men and women performing work of equal value.
- Privacy Act 2020 - Limits employer use and disclosure of personal information, which can be relevant when discriminatory decisions are based on personal data.
- Duty to accommodate - Employers generally have an obligation to make reasonable adjustments for disabilities or pregnancy, unless doing so would cause unjustifiable hardship.
- Enforcement and remedies - Complaints can result in remedies such as reinstatement, compensation for lost wages, compensation for humiliation and distress, declarations, and orders to change employer practices. Processes and time limits matter: for example, a personal grievance should normally be raised within 90 days of the act complained about, while a human rights complaint is generally expected within 12 months, with possible extensions in some circumstances.
- Key agencies - Ministry of Business, Innovation and Employment (MBIE) provides information and dispute resolution services; the Employment Relations Authority and Employment Court decide formal disputes; the Human Rights Commission handles human rights complaints and investigations.
Discrimination occurs when someone is treated less favourably because of a protected characteristic, or when workplace policies or practices have a disproportionate negative effect on people with a protected characteristic. Examples include not hiring someone because of their ethnicity, denying promotion because of pregnancy, or failing to accommodate a disability.
Protected grounds include sex, marital status, pregnancy, family status, sexual orientation, race, ethnic or national origins, religious or ethical belief, colour, disability, age, political opinion, and employment status. These grounds come from the Human Rights Act and apply to employment.
Start by documenting incidents - dates, times, witnesses, emails and other evidence. Raise the issue informally with your manager or HR if you feel safe doing so. If that does not resolve the matter, put a written complaint to the employer and follow the employer's dispute or grievance procedure. If internal processes fail, consider formal options such as a personal grievance or a human rights complaint.
A personal grievance is a statutory claim an employee can bring under the Employment Relations Act for issues such as unjustified dismissal, unjustified disadvantage and discrimination. You should normally raise a personal grievance with your employer within 90 days of the action you are complaining about. In some limited circumstances, extensions can be sought, but time limits are important.
Yes. A human rights complaint to the Human Rights Commission focuses on discrimination under the Human Rights Act and may involve conciliation or referral to a higher forum. Sometimes both routes are available, and which is best depends on the facts, remedies sought and procedural advantages. A lawyer can advise which path is most appropriate.
Possible remedies include reinstatement to your job, compensation for lost wages, compensation for hurt and humiliation, orders for the employer to change practices, and declarations that unlawful discrimination occurred. The exact remedies depend on the forum hearing the case and the particulars of the claim.
Employment protections primarily cover employees, but contractors and certain other workers may still have protections under the Human Rights Act against discrimination. Whether a worker is an employee or a contractor will affect the legal options and remedies available.
It is unlawful for an employer to retaliate against someone for raising a discrimination concern or for participating in a complaint process. If you suffer retaliation, you may have a separate personal grievance for unjustified disadvantage or dismissal. Keep records of any adverse actions taken after you raise a concern.
Employers may request reasonable medical information to assess the need for accommodation, but requests must be limited to what is necessary and handled under privacy rules. Employers should not use unnecessary or intrusive medical inquiries to justify discriminatory decisions.
You can seek help from your union if you are a member, Citizens Advice Bureau branches, and community law centres in the Manawatu region. National bodies such as MBIE and the Human Rights Commission offer guidance and dispute resolution services. Community organisations and local advocacy groups can also provide support and referrals.
Useful organisations and bodies to contact or research include:
- Ministry of Business, Innovation and Employment - workplace relations guidance and mediation services.
- Human Rights Commission - advice and complaint handling for human rights issues.
- Employment Relations Authority - adjudicates formal employment disputes.
- Employment Court - hears appeals and significant employment law matters.
- Community law centres in the Manawatu and Palmerston North area - free legal advice clinics for eligible people.
- Citizens Advice Bureau - local practical help and referrals in Feilding and nearby towns.
- Unions and worker advocacy groups - representation and advice for members and workers in specific industries.
- New Zealand Law Society or local employment law firms - for private legal representation.
- Privacy Commissioner - for issues about handling of personal information.
If you believe you have experienced job discrimination in Feilding, follow these practical steps:
- Record the details - keep a clear timeline, save emails, messages, pay records and names of witnesses.
- Try informal resolution - raise the matter with your manager, HR or use your employer's grievance process if you feel safe to do so.
- Seek advice - contact a union representative, Citizens Advice Bureau, community law centre, or an employment lawyer to understand your options.
- Consider mediation - MBIE and some community services offer mediation or facilitation to resolve disputes without formal hearings.
- Lodge a personal grievance if appropriate - remember the 90-day guideline for employment claims and act promptly.
- Lodge a human rights complaint if your case involves prohibited grounds - note the general 12-month expectation and gather supporting evidence.
- Prepare for formal steps - if informal and mediated approaches fail, a lawyer can help prepare documents and represent you before the Employment Relations Authority or other forums.
Taking action early, documenting carefully, and getting qualified advice will improve your chances of a fair outcome. If you are unsure where to start, local community legal services and Citizens Advice Bureau staff can help point you in the right direction.
