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Employer-focused employment law support
Business & Commercial

Your people decisions need a defensible process.

We help Hawke's Bay employers structure agreements, payroll, investigations, and restructures that are defensible if disputed. Guiding Hawke's Bay employers since 1874 — Erick Smith brings 40+ years of commercial law experience to every employment matter.

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Guiding Hawke's Bay employers since 1874.

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Meet the team
Erick Smith, Consultant at Carlile Dowling

Written by

Erick Smith

Consultant

Reviewed by

Carlile Dowling Lawyers

24 February 2026

Originally published 1 September 2025 Last updated 24 February 2026

General information only — not legal advice.

Erick advises Hawke's Bay employers across the full employment lifecycle — hiring, pay compliance, performance, restructures, and grievances — drawing on more than 40 years of NZ employment-law experience.

Where Employers Need Help

Most workplace risk starts with an ordinary decision.

A rushed hire, a payroll shortcut, or an undocumented conversation can become the issue that drives a grievance, review, or challenge.

01

Hiring and agreements

We draft agreements that match the actual role. Fixed-term, casual, or permanent, the wording matters before day one.

02

Pay and payroll compliance

We review minimum wage, deductions, allowances, and record-keeping. Problems caught early cost less to fix.

03

Contractors and classification

We assess whether the relationship is truly a contractor arrangement and tighten the documentation before a challenge arrives.

04

Performance and misconduct

We guide you through the meetings, letters, and investigation steps so the process holds up under scrutiny.

05

Restructures and redundancies

We help with business reasons, consultation, selection, and redeployment so the process is commercially sensible and fair.

06

Grievances and exits

We provide early risk triage, mediation strategy, and settlement documentation that lets the business move forward cleanly.

What Employment Issues Cost

The exposure goes further than most employers expect.

For Hawke's Bay employers, the real cost sits in leadership time, remediation, hiring drag, and operational slowdown. Back-pay, penalties, and the cost of fixing a flawed process add up quickly — and the disruption to the business compounds the problem.

01

Time

Leaders get pulled off the floor, away from clients, and out of the work that keeps the business running.

02

Money

Back-pay, penalties, remediation, and do-over costs add up quickly.

03

Reputation

In Hawke's Bay, poor process travels quickly. It affects staff confidence and hiring momentum.

04

Momentum

One unresolved issue can stall growth, succession planning, and operational decisions.

Something already live?

Discuss it with us before sending formal letters or making final decisions. Early advice changes the outcome.

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How We Help

Agreements

Before Day One

We draft employment agreements tailored to the actual role. Fixed-term, casual, senior hire, or standard permanent. We also build policy suites that match how the business really operates.

Compliance

Payroll and Leave

We review your payroll, deductions, leave calculations, and record-keeping. Where there are gaps, we help you fix them before a complaint forces the review.

Investigations

Fair Process

We guide disciplinary, performance, and misconduct processes. The order of meetings, letters, and investigation steps decides whether the process is defensible.

Restructures

Genuine Change

We advise on business reasons, consultation, selection, and redeployment. The process needs to be commercially sensible and procedurally fair.

Representation

When It Is Live

We represent employers in mediation, the Employment Relations Authority, and the Employment Court. We also prepare settlement documentation and exit plans.

Local Expertise

Employment advice for Hawke's Bay industries.

We understand the industries that drive our region and the specific employment issues they create.

Discuss your situation

Seasonal and Horticulture

Fixed-term agreements, accommodation deductions, minimum wage compliance, and managing large seasonal teams with clear documentation.

Construction and Trades

Contractor classification, subcontractor agreements, health and safety obligations, and managing multi-site teams.

Hospitality and Retail

Casual agreements, rostering obligations, trial period management, and handling high-turnover teams.

Professional and Office

Senior hire agreements, restraint clauses, performance management for specialist roles, and governance-level exits.

Resources

Recent Employment Updates

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Your Team

Your Employment
Team

Practical employment advice from an experienced commercial lawyer who understands Hawke's Bay workplaces.

View all team members

Common Questions About Employment Law

Yes. New Zealand employment law requires written employment agreements and proper record-keeping. Even when the relationship is straightforward, the agreement becomes the reference point when a problem later needs to be assessed. We draft agreements tailored to the actual role — talk to us.

No. Labels help, but the legal question looks at the real nature of the relationship. Documentation, control, integration into the business, and the newer gateway test all matter. Unsure about your arrangements? Ask us to review the classification.

Usually no. Underpayments and leave errors tend to widen over time, especially if the underlying setting stays in the payroll system. Early triage helps stop the issue getting bigger and improves the chances of a clean remediation plan.

Only if the employment agreement or collective agreement provides for it. But even when no compensation is payable, the business still needs a genuine reason, a fair consultation process, and documented decision-making.

Most personal grievances must be raised within 90 days, although sexual harassment grievances have a longer period. The time limit matters, but the first steps the employer takes often shape the practical outcome long before that deadline expires.

A valid 90-day trial period must be in writing before employment starts, used only for employees who have not previously worked for you, and limited to employers with fewer than 20 employees. Even with a valid trial, the dismissal must be carried out in good faith. Getting the clause and the process right both matter. Need to check your agreement and process? Talk to us before you act.

Yes, but only with clear written authorisation and subject to rules on how the deduction is structured. Accommodation arrangements must still leave the employee receiving at least the minimum wage for hours worked. A recent Hawke's Bay Employment Court case highlights the risk of informal arrangements in seasonal industries. Get advice before setting up or changing accommodation deductions.

A fair process reduces risk but does not guarantee immunity. Employees can still raise a grievance — and the Employment Relations Authority or Employment Court will assess the substance as well as the process. Where an employee's own conduct contributed to the situation, this can now affect how remedies are assessed. Early legal triage after receiving a grievance notice gives you the best options.

Yes. The minimum wage in New Zealand is reviewed annually (typically from 1 April). If any employee's agreed rate falls below the new minimum, you must increase it. Your employment agreement does not need updating unless you want to record the new rate — but your payroll does. Employers who miss this are liable for back-pay and penalties. Want a payroll compliance check? Contact us.

Ready to get started?

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Employment Law Guide for Employers

Eight practical steps for Hawke's Bay employers dealing with hiring, payroll, leave, contractors, investigations, restructures, and grievances.

Read the Guide
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