On The Clock: Can My Employer Change My Working Hours?

Whether you're full-time, part-time, permanent, fixed-term, or casual, one question that often crops up is: can my employer change my hours without my agreement? The short answer - not without a proper process and not without your input.

Your rights in relation to working hours depends on the type of employment agreement you have.

Permanent Employees (Full-Time or Part-Time)

If you're employed on a permanent contract - whether full-time or part-time - your working hours should be clearly stated in your employment agreement. This is a binding contract, and your employer can’t change your hours unilaterally. If your boss wants to adjust your hours (say, change your shifts or reduce your days), they need to:

• Consult with you in good faith

• Give you a chance to provide feedback

• Consider any impact the change may have on you

• Reach a mutual agreement

  
  

Changing your hours without your consent could amount to a breach of contract or even constructive dismissal if the changes are significant enough.

Fixed-Term Employees

Your rights as a fixed-term employee are similar to those of permanent employees. Your employment agreement should set out your hours, and any changes also require your agreement. Employers can’t change your hours mid-way through the fixed term unless:

• It’s allowed by the agreement (e.g. flexibility clauses)

• You agree to the changes in writing

• The change is made in good faith

Casual Employees

Casual work is more flexible but that doesn’t mean employers can treat hours like a tap they turn on and off without consequence. In most casual agreements there’s no guarantee of hours, and you generally work when offered and when you accept. However, once you’ve agreed to a shift or a pattern of shifts, your employer can’t change or cancel them without notice, unless your agreement allows it. It’s important to note that if you've worked regular hours over a long time, you may actually be considered a permanent employee regardless of what your agreement says. That could give you stronger protections.

Good Faith

In all employment relationships, the law requires both parties to act in good faith. That includes being honest and transparent; consulting before making decisions that affect jobs or working conditions; and genuinely listening to concerns. If your hours are changed without proper consultation, it may breach this duty.

If your employer tries to change your hours without going through the correct process, you can try raising your concerns informally in writing, ask for a review of the decision and if that doesn't work seek advice from a legal expert. If you do decide to raise a personal grievance it will need to be within 90 days of the issue.

Your working hours aren’t just a guideline - they’re part of your employment contract. Whether you’re casual or permanent, your employer must act fairly, consult with you, and get your agreement before making changes. If your hours are changing without consultation or agreement, get in touch with 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.