Raised a health and safety concern and faced retaliation? The law protects you — and the employer must prove they didn't act for a prohibited reason. Learn your rights and how to fight back.
Health and Safety Retaliation NZ: Your Rights | Working for Workers

HEALTH AND SAFETY RETALIATION: PROTECTION FOR RAISING CONCERNS

If your employer treats you adversely because you raised health and safety concerns, acted as a Health and Safety Representative (HSR), or exercised any function under health and safety law, you have grounds for a personal grievance.

What is adverse conduct for a health and safety reason?

Under section 103(1)(j) of the Employment Relations Act 2000, you have a personal grievance if your employer has:

Health and safety retaliation is a serious matter. The law provides strong protections for workers who raise concerns — and the burden falls on the employer to prove they did not act for a prohibited reason.

What counts as adverse conduct?

Under section 110A of the Employment Relations Act 2000 and section 88 of the Health and Safety at Work Act 2015 (HSWA), adverse conduct includes:

What is a prohibited health and safety reason?

Under section 89 of the Health and Safety at Work Act 2015 (HSWA), a prohibited health and safety reason includes adverse treatment because you:

"Sections 88 and 89 confine 'adverse conduct engaged in for a prohibited health and safety reason' to conduct against workers with health and safety responsibilities."

Lee v Board of Trustees Otamatea High School [2018] NZERA 270

"The employee must have suffered detriment 'because they have exercised health and safety powers and functions'."

Sandanam v ADT Security Ltd [2021] NZERA 292

⚠️ The presumption works in your favour

Under section 90 of the Health and Safety at Work Act 2015 (HSWA), in a personal grievance for health and safety retaliation, the prohibited reason is presumed to be a "substantial reason" for the employer's conduct. The employer must prove, on the balance of probabilities, that it was not.

What defences can an employer raise?

It is a defence for the employer to prove that the conduct was:

✓ Limited defences only

The defences available to employers are narrow. They cannot simply claim business reasons — they must show reasonableness or legal compliance.

What about coercion regarding health and safety duties?

Section 92 of the Health and Safety at Work Act 2015 (HSWA) prohibits any person from coercing or inducing another person to perform or not perform their duties, functions, or powers under the Health and Safety at Work Act 2015 (HSWA).

If your employer breaches this, you have grounds for a personal grievance under section 103(1)(j) of the Employment Relations Act 2000.

Key Points to Remember

  • Protected activities include — being a Health and Safety Representative (HSR), raising concerns, taking action under the Health and Safety at Work Act 2015 (HSWA)
  • Adverse conduct covers — dismissal, lesser conditions, detriment, forced resignation
  • Presumption applies — the employer must disprove the health and safety reason was substantial
  • Limited defences — only reasonable conduct or legal compliance
  • Personal grievance available — under section 103(1)(j) of the Employment Relations Act 2000
⚠️ Employment Relations Amendment Bill 2025 (Government Bill 175–2)

Under the Employment Relations Amendment Bill 2025 (Government Bill 175–2), the proposed changes do not affect health and safety protections. If you have been treated adversely for raising health and safety concerns, seek advice immediately.

If you are a Health and Safety Representative (HSR), raise health and safety concerns, or exercise health and safety functions, you are protected from retaliation. Adverse treatment for these reasons creates grounds for a personal grievance.

Working for Workers is happy to assist in raising health and safety retaliation matters pursuant to your employment.

Working for Workers understands that it is hard to trust anyone when it comes to standing up for your safety at work.

Often, the experience of raising health and safety concerns and facing retaliation can be stressful and you often feel alone without representation.

You are not alone.

Working for Workers advocates and representatives have the skills and expertise to help you out and restore balance to the situation.

No matter how bleak or difficult it seems, there are ways and means of getting your rights observed and your position protected.

Please contact us today to discuss the matter and start turning things around for you.

Working for Workers can help if you:

  • Were treated adversely for raising health and safety concerns
  • Are a Health and Safety Representative (HSR) facing retaliation
  • Were dismissed after refusing dangerous work
  • Need advice about health and safety grievance rights

Contact us today

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