But that's how we always do it! What Happens When a Manager Changes “The Way Things Have Always Been Done”

It’s a familiar story. A new manager arrives, full of energy and fresh ideas and suddenly, the way things have always been done is no longer good enough. Whether it's changes to break times, expectations around staying late, or a sudden crackdown on casual Fridays, the shift can feel unsettling.

But here’s the key question: Are they allowed to do that?

A manager can bring a new style - more meetings, tighter communication protocols, different ways of giving feedback. That’s part of leadership. But when they start changing your day-to-day conditions of work? That’s a legal matter. Things like:

• Start and finish times

• Breaks

• Workload or job duties

• Locations

• Reporting lines

If these conditions have been customary and consistent, they might have become part of your terms and conditions of employment even if they are not written into your contract.

Customary: Regularly provided over time meaning the employer has routinely granted a particular benefit or followed a particular practice (e.g. giving a Christmas bonus, extra leave, or flexible work arrangements).

Consistent: Given to employees in a uniform or predictable way meaning the employer hasn't applied the practice arbitrarily or to just a few employees, but rather in a way that employees can reasonably rely on.

If your employer tries to change these customary and consistent practices without consultation, it could be a breach of contract. New Zealand’s employment law requires good faith from the employer and employee which means if a new manager wants to make changes they need to ensure:

• Open and honest communication

• Consultation before making changes

• Listening to and consideration of employee views

  
  

A new manager must follow this process even if they think they’re improving the way things are done.  If changes are made without proper consultation, especially if those changes negatively impact employees, you may have grounds to raise a concern informally or through a representative. 

If you’re facing sudden changes, here’s what you can do:

Review your employment agreement: Are the old practices written down? Even if not, note how long and consistently they’ve been in place.

Document what’s changing: Keep written records of the new expectations and any conversations you’ve had.

Speak up early: Raise your concerns with the manager or HR. Focus on the process and ask for a proper consultation.

Get advice: Talk to your union, an advocate, or an employment lawyer if things escalate.

Managers come and go, but employment rights stay the same. If changes are being made without your input, you’re not being difficult by asking for fairness - you’re exercising your legal rights. If in doubt, talk to an expert. mathewswalker.co.nz | 0800 612 355

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.