Can My Employer Treat Me Differently To My Co-Workers?

In many New Zealand workplaces, it’s common for employees to notice differences in how they are treated such as in pay, leave, work hours, or how performance is managed. But are these differences allowed? When is it okay, and when does it become unfair or even unlawful?

Can Employers Treat Employees Differently?

Yes, but only in fair and lawful ways.

Employers are allowed to treat employees differently in some cases, but not in ways that are unjustified or discriminatory. The law recognises that not every employee is in the same role, has the same skills, or does the same work. So, some variation is normal. However, unfair or unlawful differences in treatment are not allowed. The main laws that cover fairness and equality in the workplace are:

• Employment Relations Act 2000 – promotes fair and productive employment relationships.

• Human Rights Act 1993 – protects employees from unlawful discrimination.

• Equal Pay Act 1972 – ensures men and women receive the same pay for the same work.

• Wages Protection Act 1983 – protects how wages are paid and changed.

These laws say that employees must not be discriminated against based on things like gender, race, age, disability, religion, sexual orientation, or family status. They also set out rules around equal treatment in pay and conditions.

When is Different Treatment OK?

Sometimes, employers can treat employees differently. For example:

• One person might earn more because they have more experience or skills.

• A person doing shift work may get extra pay or different leave entitlements.

• An employee with a disability may have different work hours as a reasonable adjustment.

• A part-time worker will naturally receive different benefits than a full-time worker, based on hours worked.

  
  

These differences are allowed if they are based on genuine reasons, such as skill level, role requirements, performance, seniority and terms of employment contracts. What’s not okay is treating someone differently because of who they are, or in a way that can’t be justified.

These are some of the most common areas where differences in treatment can happen and whether they’re lawful.

Pay

Employers must provide equal pay for equal work. The Equal Pay Act 1972 makes it illegal to pay someone less than someone else doing the same or substantially similar work just because of their gender. Other pay differences can be lawful if based on:

• Experience

• Qualifications

• Extra responsibilities

• Negotiated contracts

If you suspect you’re being paid less unfairly, ask your employer (in writing) for a breakdown of how pay is determined for your role.

Leave Entitlements

All employees are entitled to minimum leave rights under the Holidays Act 2003, including:

• 4 weeks of annual leave

• Public holidays

• Sick leave (10 days per year if you qualify)

• Bereavement leave

Employers can give more than the legal minimum, but they can’t give less. It's okay if one person gets extra leave through negotiation, as long as it's not based on unlawful discrimination. But if some workers are routinely denied leave that others are getting without good reason, that could raise a legal concern.

Performance Management

Employers can manage performance differently depending on how someone is doing in their role. But it must be based on objective facts, done in good faith, and applied consistently.  If one employee is put under performance review but others with the same issues are not, this might be unfair treatment, especially if it appears personal or targeted.

Flexible Work Arrangements

Under the Employment Relations Act 2000, any employee can request flexible work arrangements, regardless of how long they've worked there. This could include:

• Working from home

• Changing start and finish times

• Compressed hours (e.g. four 10-hour days)

Employers must consider requests fairly and respond in writing within one month. They can decline, but only for valid business reasons (e.g. productivity, cost, impact on other staff). If flexible work is granted to one person but denied to another in similar circumstances, the employer must be able to justify why.

What Can You Do If you feel like You’re being Treated Differently?

Talk to Your Employer

Start by raising your concerns informally. Sometimes differences are due to misunderstandings or lack of awareness.  Use clear examples, stay calm and professional, and ask questions, not just make accusations.

Request a Formal Meeting or Write a Letter

If informal discussions don’t work, consider asking for a formal meeting or writing a letter stating your concerns and asking for a response.  Make sure to keep records of everything including emails, messages, and meeting notes.

Seek Legal Advice or Union Support

You can contact an employment advocate, your union (if you're a member), and/or Employment New Zealand.  They will be able to help you understand your rights and how to raise a formal personal grievance if needed.

Raise a Personal Grievance

You can raise a personal grievance if you believe you’ve been unfairly treated or discriminated against.  You must raise the grievance within 90 days of the issue occurring.

FAQs

Can my employer pay me less than someone else in the same job?

Only if there's a lawful reason like experience, performance, or different responsibilities. They can’t pay you less based on gender, race, or other protected factors.

I asked for flexible hours like my co-worker, but got denied. Is that allowed?

It depends. Your employer can say no, but they must give genuine business reasons. If your co-worker got approval in similar circumstances, you can ask for an explanation or challenge the decision.

Can I be performance managed while others aren't?

Yes, if your performance genuinely needs improvement. But if it’s being used unfairly or feels like bullying, raise it with your employer or get outside help.

Is it legal for someone else to get more leave than me?

Yes, if they’ve negotiated it individually or are on a different contract. But if the reason seems discriminatory, ask for clarification or seek advice.

What if I think I’m being treated unfairly but I’m not sure it’s illegal?

You can still raise your concerns. Start a constructive conversation and seek guidance from an advocate, or Employment New Zealand.

Not all differences in treatment are illegal, but they must be fair, justified, and in good faith. If you're unsure, you have every right to ask questions and seek support. Everyone deserves a fair go at work. If you believe you are being treated unfairly compared to others at work, get in touch for a free consultation.  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.