In this episode, Partner Gillian Service and Senior Associate Joshua Kimpton explore New Zealand’s employment law change and how it borrows from concepts in Australia. They are joined by MinterEllison Sydney Partner Gordon Williams to draw on insights from the Australian market.
[00:04] Gillian is joined by Joshua in Auckland and Gordon from Sydney to provide an Australian perspective. Joshua outlines the core features of the new legislation, including the NZD200,000 specified remuneration threshold and the statutory mechanism for future annual increases.
[02:28] Gillian highlights the limited change to good faith obligations, explaining where employers are released from consultation requirements and where broader good faith duties still apply.
[03:45] Gordon shares Australia’s long standing experience with a high income threshold, noting how it operates in practice and why unfair dismissal remains a key risk consideration for employers.
[06:18] The discussion turns to alternative claims such as adverse action and general protections, with Gordon explaining how employees often pursue these claims when unfair dismissal is unavailable.
[11:27] Gillian and Gordon explore how employers manage termination risk for high income employees, including performance management, restructures, and negotiated exits.
[15:37] Gordon explains how Australia sets and updates its high income threshold, what counts toward earnings, and where grey areas can arise, particularly around benefits and part time work.
[19:33] The conversation compares New Zealand’s ability to contract back into the personal grievance regime with Australia’s system and considers how market dynamics and recruitment pressures may influence employer choices
[24:59] The episode concludes with reflections on policies, Privacy Act requests, documentation risks, and the ongoing importance of good faith under the new high-income threshold regime.
Information in this episode is accurate as at the date of recording, 19 March 2026.
Please contact Gillian Service, Joshua Kimpton or our Employment team if you need legal advice and guidance on any of the topics discussed in the episode.
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