Question 1

Do I need to advertise a job before hiring?

Accepted Answer

Advertising is not always legally required, but it is best practice. It supports fairness, transparency, and defensible hiring decisions.

Question 2

Do I need a job description before advertising a role?

Accepted Answer

Yes. A clear job description helps define responsibilities, expectations, and required capabilities. It also supports consistent assessment and reduces ambiguity for candidates and managers.

Question 3

How do I write a good job description?

Accepted Answer

A strong job description includes the purpose of the role, key responsibilities, required skills, experience, and qualifications, the behaviours and capabilities needed for success, and reporting lines and working relationships.

Question 4

What checks can I do before hiring?

Accepted Answer

You may complete job-related checks such as verifying right to work in New Zealand, conducting reference checks (with consent), completing police or drug/alcohol checks when relevant, and asking health or disability questions only when directly related to the role.

Question 5

Do all employees need a written employment agreement?

Accepted Answer

Yes. Under the Employment Relations Act 2000, every employee must have a written agreement including job description, hours, pay, leave entitlements, and employment conditions. Candidates must be given at least three days to review the agreement before signing.

Question 6

What are my obligations under employment law?

Accepted Answer

Employers must comply with the Human Rights Act 1993, the Privacy Act 2020, and the Employment Relations Act 2000.

Question 7

What do I need to consider regarding privacy during recruitment?

Accepted Answer

You must collect only job-related information, obtain consent before contacting referees, and follow the Privacy Act 2020 when storing and using information.

Question 8

What are the minimum employment standards in New Zealand?

Accepted Answer

Minimum standards include the minimum wage of $23.50 per hour (increasing to $23.95 per hour from 1 April 2026), four weeks' paid annual leave, paid rest breaks and unpaid meal breaks, and 11 public holidays, with additional pay if worked.

Question 9

What benefits must I provide?

Accepted Answer

Employers must provide KiwiSaver contributions (minimum 3%, increasing to 4% from April 2026), ACC levies, and holiday pay (8% for casual employees).

Question 10

What recruitment records do I need to keep?

Accepted Answer

Employment records must be kept for seven years. Recruitment documentation should also be retained to support fair, defensible decisions.

Question 11

What should I avoid during recruitment?

Accepted Answer

Avoid asking questions unrelated to job performance, failing to keep accurate records, and misclassifying employees as contractors.

Question 12

Are psychometric assessments legal in New Zealand?

Accepted Answer

Yes — when they are job-related, used fairly, and comply with the Human Rights Act and Privacy Act.

Question 13

What types of psychometric tests can I use for hiring?

Accepted Answer

Common tools include cognitive ability tests, personality assessments, situational judgement tests, and work-style or behavioural assessments.

Question 14

Do candidates have to consent to psychometric testing?

Accepted Answer

Yes. Candidates must give informed consent and understand how results will be used.

Question 15

What does a fair recruitment process look like?

Accepted Answer

A fair process includes clear role requirements, consistent assessment methods, job-related interview questions, transparent communication, and evidence-based decisions.

Question 16

How do I make sure my hiring decisions are defensible?

Accepted Answer

Use documented criteria, structured interviews, valid assessments, accurate records, and consistent processes.

Question 17

What is a fair performance management process?

Accepted Answer

A fair process includes clear expectations, regular feedback, documented concerns, support and time to improve, and a structured, good-faith approach.

Question 18

How do I manage underperformance legally?

Accepted Answer

You must act in good faith, clearly outline concerns, provide reasonable support, document all steps, and follow a consistent process.

Question 19

How does Selectio support employees on performance management or improvement plans?

Accepted Answer

Selectio specialises in supporting individual employees through performance management or improvement processes using a data-driven and evidence-informed approach. We design tailored plans that set clear, objective, and measurable performance goals, ensuring transparent expectations and a positive, structured record of progress and development.

Question 20

When should I get external HR advice?

Accepted Answer

External advice is helpful when issues are complex or sensitive, you need an independent view, you're unsure about legal risk, you're dealing with conflict or performance issues, or you're restructuring or redesigning roles.

Question 21

How do I know if someone is a contractor or an employee?

Accepted Answer

It depends on the level of control, provision of tools and equipment, payment structure, ability to subcontract, and the intention of the relationship. Misclassification can create significant legal and financial risk.

Question 22

Can I use a 90-day trial period?

Accepted Answer

Only if you have fewer than 20 employees and the clause is included in the employment agreement before the employee signs it.

Question 23

What's the difference between a trial period and a probation period?

Accepted Answer

A trial period allows dismissal without a personal grievance for unjustified dismissal, if valid, while a probation period allows assessment of performance but does not remove grievance rights.

Question 24

What is a fair redundancy process?

Accepted Answer

A fair process includes genuine business reasons, consultation with affected employees, considering feedback, exploring redeployment, and transparent communication.

Question 25

Can Selectio help with complex or sensitive HR issues?

Accepted Answer

Yes. Selectio provides independent, evidence-based HR advisory support across recruitment, assessment, performance management, conflict resolution, and people systems.

Question 26

What steps are involved in resolving employment problems legally?

Accepted Answer

If informal resolution fails, either party can request mediation through MBIE, escalate to the Employment Relations Authority (ERA), or appeal to the Employment Court.

Question 27

What is mediation and is it confidential?

Accepted Answer

Mediation is a voluntary, confidential process where an independent mediator helps both parties reach agreement.

Question 28

What is an employment relationship problem?

Accepted Answer

Any issue between an employer and employee, including disputes over agreements, personal grievances, discrimination, harassment, or unjustified dismissal.

Question 29

What are common causes of employment disputes?

Accepted Answer

Common issues include unfair dismissal, pay disputes, bullying or harassment, breaches of agreements, and health and safety concerns.

Question 30

What should I do first if there's a problem at work?

Accepted Answer

Raise the issue directly with your manager or employer in good faith. Many issues can be resolved informally.

Question 31

What if the issue can't be resolved informally?

Accepted Answer

You can use Early Resolution (MBIE), request mediation (free and confidential), seek legal or union support, or contact Selectio for guidance.

Question 32

What is a personal grievance?

Accepted Answer

A formal complaint an employee can raise for issues such as unjustified dismissal, discrimination, harassment, or disadvantage.

Question 33

How long does an employee have to raise a personal grievance?

Accepted Answer

90 days for most issues, and 12 months for sexual harassment, for incidents after 13 June 2023.

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