What Does the Employment Relations Authority (ERA) Say About Work Breaks?

Treating your employees well should always be part of your business practices and workplace culture. However, it’s important to know that your employees’ working environment and its standards are also protected under New Zealand laws. 

More specifically, the New Zealand Employment Relations Authority sets the standard for work breaks that employees are entitled to. They regulate how employers provide these work breaks and take care of legal action taken in case certain employers do not meet these standards. 

In this article, we’ll go through the details of work breaks that employers should be aware of, as well as other relevant employer obligations in New Zealand. 

What Is The Employment Relations Authority?

The Employment Relations Authority is the commission that oversees work standards for all New Zealand employees. They oversee important matters such as: 

• Pay 
• Leave
• Entitlements 
• Employment conditions
• Issues in the workplace
• Starting and ending employment
• Bullying, harassment and discrimination in the workplace

If an employee feels their rights have been violated, they are eligible to lodge a complaint with the Employment Relations Authority and have the matter investigated.  

What Does The Employment Relations Authority Say About Work Breaks?

The Employment Relations Authority believes employees are entitled to work breaks, however, breaks will  depend heavily on the industry and hours being worked by the employee.

Breaks are divided into two categories: rest breaks and meal breaks. 

Rest breaks are 10 minute breaks that give the employee a chance to step away, also known as a tea break. A meal break is often the actual lunch break that gives employees a chance to eat a meal. 

Employment Relations Authority Break Entitlements

The Employment Relations Authority provides break entitlements, however, it’s important to remember these are highly dependent on the type of work being done by the employee, the industry they belong to and the hours they work. 

You may wish to check the specific award that your employee falls under to ensure you are compliant. 

Despite the industry and type of work, all New Zealand employees have the right to fair working conditions – this includes reasonable break times. 

How Many Hours Can You Work Without A Break In New Zealand?

In most cases, employees are required to work for 4 hours before they can take a break. 

In terms of breaks between shifts and days, most full time employees work about 40 hours a week for 8 hour days. Adequate breaks between shifts should also be taken into consideration, as employees need proper rest and time off before coming back to the next day. 

Do Employees Get Break Entitlements After Working For 4 Hours?

Yes, employees that have worked four hours or more are entitled to a break in most cases. However, this should be reasonable. If it is not in the employee’s best interest to work for four hours straight without a break, then it’s important for employers to adjust as they could be creating an unsafe work environment. 

Forcing employees to work for 4 or more hours without a break is likely to be considered a violation of their rights. 

Example Jim continuously lifts heavy equipment as part of his job in a warehouse. In order to give his body the rest it needs, Jim’s Employment Contract allows for breaks at every hour.

What Does The Employment Relations Authority Say About Lunch Breaks?

Lunch breaks or meals breaks are 30- 60 minute breaks that give the employee a chance to eat. 

The industry, employment type (permanent, full time, casual) and entitlements available to the specific employee will determine whether they are paid for these breaks, when they can take them and how often. 

Despite the variations and lack of uniform rule, it should be noted that all lunch breaks should be rational and fair to the employee. If this is not the case, then employees have the right to raise their concerns regarding their working conditions.  

What Other Breaks Are Employees Entitled To?

Among other things, employees are also entitled to toilet and water breaks. Denying employees the right to use that bathroom and not having the proper facilities in place is a violation of every employer’s basic duty of care towards their employees. 

What Are Awards In New Zealand?

Awards are legally binding documents that outline the minimum pay rates and working conditions for employees across New Zealand. There are different awards for each industry. 

Employers will need to be aware of multiple awards in their workplace for different positions as well. If you would like to know what awards apply to you, you can look them up on the New Zealand government’s official website. 

Alternatively, employers could opt to have a registered agreement as opposed to calculating awards. If a registered agreement is in place, then awards don’t usually need to be sought out.

However, the agreement should be approved by the Employment Relations Authority before it can come into effect. 

Example Janice runs her own hair salon and has three employees working for her. Two are hairdressers and the other is a receptionist.  Janice has ensured that the entitlements she provides for them are in accordance with their occupations and has a registered agreement made.  The agreement is then sent to the Employment Relations Authority for approval and is registered.  Only then can Janice present it to her employees.

What Are My Employer Obligations Regarding Breaks?

As an employer, it’s your duty to ensure that your employees are receiving the correct break, with consideration of the nature of their work as well. . 

Breaks are important, as they allow the employee to rest and recuperate. Not doing so can be damaging to the employee’s physical and mental health. It can also affect their productivity in the workplace. 

As an employer, you have a strict obligation to make sure the workplace and working conditions you set for your employees does not cause them distress in any way. This is known as your workplace health and safety obligations. 

What Is Workplace Health And Safety?

Workplace health and safety obligations are set by WorkSafe New Zealand. Essentially, WorkSafe New Zealand sets the minimum standard employers need to be engaging in to create a safe space for their employees. 

Tending to your employer obligations under workplace health and safety regulations can look like: 

• Making sure the work space is free from any harm 
• Providing employees with the right equipment to conduct work 
• Communicating openly with employees about any safety concerns
• Enforcing professional conduct standards 
• Training seminars for workplace safety
• Creating a staff handbook 
• Having a complaints and investigation process

Workplace health and safety laws apply to all New Zealand employers, regardless of whether their employees work from home or in person. 

The way you enforce workplace health and safety will depend specifically on your workplace, however, we can aid with getting the right policies in place so your workplace is compliant with the relevant regulations. 

We can also help you draft an appropriate Work From Home Policy so that your flexible work arrangements are kept in check and do not threaten your efficiency or other workplace practices. 

Key Takeaways

Breaks are an important part of the job and something all employees are entitled to. It’s an employer’s job to ensure their employees are receiving adequate breaks, and to ensure they maintain good physical and mental health in the workplace. 

To summarise what we’ve discussed: 

• The Employment Relations Authority is in charge of setting workplace standards for New Zealanders
• Breaks are an employee’s right, however, the kind of breaks they are entitled to will depend on a number of factors 
• Generally speaking, employees are entitled to breaks after 4 or more hours of working
• All employees are entitled to toilet and water breaks throughout their work day 
• Awards determine minimum pay rates and work conditions for employees across various industries 
• Breaks and other workplace health and safety obligations are part of every employer’s duty of care towards their employees 

If you are unsure about your employer obligations under New Zealand laws, our lawyers are happy to answer your questions and provide you with the right resources to assist you. 

You can reach us at 0800 002 184 or [email protected] for a free, no-obligations chat.

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