Workplace Discrimination in NZ - Know Your Rights and How to Take Action

No Win, No Fee – Stand Up to Unfair Treatment at Work

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Are You in the Right Place?

You may have a workplace discrimination claim if:

You’ve been treated less favourably at work because of your gender, race, age, disability, religion, sexual orientation, family status, or another protected characteristic.

You were denied a promotion, pay rise, training, or opportunity that went to less-qualified colleagues without a fair reason.

You were dismissed, demoted, or had your role changed after disclosing pregnancy, illness, disability, or another protected characteristic.

You’ve been excluded, isolated, or targeted at work in ways linked to who you are.

You experienced harassment or unwanted conduct connected to a protected characteristic.

Your employer refused to make reasonable accommodations for a disability, religious practice, or caregiving responsibility.

If any of these sound familiar, you may be entitled to raise a personal grievance for workplace discrimination.

: Discrimination can be direct (open and deliberate) or indirect (a neutral policy that disproportionately disadvantages a protected group). Both are unlawful in NZ.

Workplace Discrimination Definition Graphic

What counts as workplace discrimination?

Workplace discrimination happens when an employer treats an employee less favourably because of a personal characteristic that is protected by law. In New Zealand, your rights are protected under the Human Rights Act 1993 and the Employment Relations Act 2000.

NZ law prohibits workplace discrimination on the following grounds:

  • Sex (including pregnancy and childbirth)
  • Marital status
  • Religious or ethical belief
  • Colour, race, or ethnic / national origin
  • Disability
  • Age (16 and over)
  • Political opinion
  • Employment status
  • Family status
  • Sexual orientation

Discrimination can show up in hiring, pay, promotions, training, conditions, performance management, redundancy, or dismissal.

Common types of workplace discrimination

Gender discrimination in the workplace – unequal pay, promotion bias, pregnancy or parental-leave discrimination, and gender-based harassment.

Racial discrimination – unfair treatment linked to race, ethnicity, colour, or national origin, including being overlooked for client-facing roles or excluded from progression.

Age discrimination – bias against younger or older workers in hiring, promotion, redundancy selection, or training.

Disability discrimination – failing to provide reasonable accommodations, or treating someone less favourably because of a disability or health condition.

Sexual orientation discrimination – unfair treatment of LGBTQ+ employees in any aspect of work.

Religious discrimination – failure to accommodate religious practices, or bias linked to religious belief or absence of belief.

How Sacked Kiwi Can Help

We’re employment law experts who help employees stand up against discrimination at work.

We support you by:

Reviewing your situation and identifying whether the treatment you’ve experienced meets the legal threshold for discrimination

Helping you gather and document the evidence you’ll need

Preparing and filing your personal grievance

Representing you in free MBIE mediation

Escalating to the Employment Relations Authority (ERA) or Human Rights Review Tribunal if needed

Fighting for remedies such as lost wages, compensation for hurt and humiliation, reinstatement, and changes to workplace policies

We’ll always tell you upfront if your case qualifies.

Most workplace discrimination cases qualify for our No Win, No Fee service – meaning you don’t pay unless we win.

You’re not alone - and what you’re feeling is valid

Discrimination at work can chip away at your confidence, your sense of belonging, and your wellbeing – especially when the behaviour is subtle or dismissed by others.

Many of our clients come to us feeling exhausted, frustrated, and unsure whether what they’ve experienced “counts.”

We’re here to listen, take your concerns seriously, explain your rights clearly, and help you decide what to do next.

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Why you should seek professional help

  • Deadlines are strict: Most discrimination personal grievances must be raised within 90 days (12 months for sexual harassment PGs).
  • Two possible pathways: You can pursue a discrimination claim through the Employment Relations Authority OR the Human Rights Review Tribunal – but not both. Choosing the right forum is critical.
  • Free government mediation: MBIE provides confidential, free mediation; preparation makes a big difference to outcomes.
  • Potential remedies: Compensation for hurt and humiliation, reimbursement of lost wages, reinstatement, training requirements, and changes to workplace policy.
  • Evidence matters: Discrimination cases often turn on patterns of behaviour. Early advice helps you document and preserve the right evidence.

Why choose Sacked Kiwi

NZ-wide employment advocacy, focused on employee rights

No-win, no-fee on most discrimination cases

Confidential, judgement-free case reviews

Experienced at MBIE mediation, the ERA, and the Human Rights Review Tribunal

Clear, practical guidance – so you always know what happens next

Getting Started is Simple:

Step 1

Contact us for a free, confidential case review

Share what’s happening at work and upload any documents you have.

Step 2

We assess your situation

We identify the protected characteristic, the pattern of treatment, and whether you have a strong claim.

Step 3

Leave the rest to us

We handle the paperwork, negotiations, and representation – you focus on moving forward.

Step-by-step

Understanding NZ law

  • The Human Rights Act 1993 and the Employment Relations Act 2000 both prohibit workplace discrimination on protected grounds.
  • Employers must act in good faith and treat employees fairly across hiring, pay, conditions, promotion, and dismissal.
  • Indirect discrimination – where a neutral policy disproportionately disadvantages a protected group – is also unlawful unless the employer can justify it.
  • Discrimination can sit alongside other claims, such as unjustified dismissal, constructive dismissal, or harassment.
  • Different treatment is linked, directly or indirectly, to a protected characteristic.
  • Patterns of exclusion, undermining, or differential opportunity that affect one group more than others.
  • Adverse decisions (pay, promotion, redundancy, dismissal) that closely follow disclosure of pregnancy, illness, disability, or another protected characteristic.
  • Refusal to provide reasonable accommodation without good reason.
  • Employment agreement and any variations
  • Correspondence (emails, letters, Teams or Slack messages, meeting invites and minutes)
  • Timeline of events (dates, what happened, who was present)
  • Examples comparing your treatment to that of colleagues in similar roles
  • Notes from any internal complaints or HR meetings

(Don’t worry if you don’t have everything – we’ll help fill the gaps.)

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Frequently Asked Questions

What’s the difference between unfair treatment and discrimination?

Not all unfair treatment is unlawful discrimination. Discrimination has a specific legal meaning: less favourable treatment because of a protected characteristic (e.g., sex, race, age, disability). General unfairness or being treated poorly without that link can still be a personal grievance, but it would usually fall under a different category such as unjustified disadvantage or unjustified dismissal.

Can I make a discrimination claim if I’m still employed?

Yes. You don’t have to wait until you’ve been dismissed. If you’re experiencing discrimination while still in your role, you can raise a personal grievance for unjustified disadvantage on the grounds of discrimination.

How long do I have to raise a discrimination claim?

You generally have 90 days from when the discrimination occurred (or when you became aware of it) to raise a personal grievance. Sexual harassment claims have a 12-month timeframe. Limited exceptions apply for late claims.

What evidence do I need to prove discrimination?

Discrimination cases often rely on patterns of behaviour rather than a single event. Useful evidence includes emails and messages, performance reviews, examples of how colleagues in similar roles were treated, witness accounts, and documentation of internal complaints. We’ll help you identify and gather what’s relevant.

Should I go to the ERA or the Human Rights Review Tribunal?

Both forums can hear discrimination claims but you can only pursue one. The ERA is typically used for employment-focused claims, while the Human Rights Review Tribunal is often used where the focus is on a broader human rights issue. The right choice depends on your remedies and goals – we help clients make this call after reviewing the case.

Take action today – your rights are worth defending

90-day deadline: Don’t miss your window to raise a personal grievance for discrimination.

What happens next: We’ll assess your case, explain your options, and act fast on your behalf – often starting with free MBIE mediation.

Talk to Sacked Kiwi: Call 0508 227 799, or request a Free Case Review via the form above.