Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Salary increase requests are a normal part of employing staff - especially once your business starts growing, roles evolve, and performance lifts over time.
But as a small business owner, they can still feel tricky. You might be balancing cashflow, trying to keep internal pay equity, and wanting to do the right thing (without setting a precedent you can’t sustain).
In this guide, we’ll walk you through how to handle salary increase requests in New Zealand in a way that’s practical, legally sound, and fair - so you can protect your business and keep your team engaged.
Why Salary Increase Requests Matter (And Why You Shouldn’t Ignore Them)
When an employee raises a salary increase request, it’s not just a money conversation - it’s also a signal about motivation, retention risk, and whether they feel valued.
For small businesses in particular, the stakes can be higher because:
- you may not have multiple layers of management or formal salary bands
- a key team member leaving can disrupt operations quickly
- budget changes hit harder when margins are tight
- pay decisions can impact team culture and morale
Even if the answer is “not right now”, the way you respond matters. If you handle it poorly (or avoid it), you can create unnecessary tension - and in some cases, you may create legal risk if the process becomes unfair, inconsistent, or poorly documented.
A clear, documented approach makes it much easier to stay consistent and explain your decision confidently.
What The Law Says About Pay Rises In New Zealand
There’s no automatic legal entitlement to a pay rise in New Zealand just because someone asks for one or has worked for you for a certain period (unless it’s agreed in an employment agreement, policy, or collective agreement).
That said, salary increase requests still sit inside the wider rules of employment law - meaning you need to handle the discussion in good faith and meet your minimum legal obligations.
Good Faith Still Applies
Employment relationships in New Zealand are governed by a general duty of good faith under the Employment Relations Act 2000. In plain terms, that means you and your employee should be honest, communicative, and not misleading.
So even though you don’t have to approve a raise, you should:
- properly consider the request (not dismiss it out of hand)
- communicate clearly about the outcome and reasons
- avoid making promises you can’t keep (like “we’ll review it in 3 months” if you won’t)
Minimum Wage And Pay Compliance Still Matter
If you’re declining a raise, you still need to make sure the employee’s pay remains compliant with minimum standards. Common examples include:
- minimum wage increases that flow through each year
- salary arrangements that must still meet minimum wage when hours worked are considered
- overtime or additional hours that affect the “real” hourly rate
If you’re not sure whether your current pay arrangements stay compliant as hours shift, it’s worth reviewing your Employment Contract and pay practices before you respond.
Discrimination And Pay Equity Risks
Pay decisions can create legal issues if they’re inconsistent or discriminatory - even unintentionally. In New Zealand, pay differences may raise issues under laws like the Human Rights Act 1993 (discrimination) and the Equal Pay Act 1972 (including pay equity principles), depending on the circumstances.
For example, you should be careful if:
- one employee is repeatedly approved for increases while another is consistently declined without a clear, role-related reason
- pay differences appear linked to prohibited grounds (such as sex, race, disability, family status, etc.), or you can’t point to objective factors (like experience, responsibilities, or performance) that explain the difference
- you’re negotiating individually but don’t have a consistent framework, which makes outcomes hard to justify later
You don’t need a corporate salary band system - but you do need a defensible, fair approach that you can explain if questions come up.
How To Respond To Salary Increase Requests: A Practical Process
Most problems around salary increase requests come from unclear expectations and rushed conversations.
Here’s a process that works well for small businesses and helps you stay consistent.
1) Acknowledge The Request And Set A Time To Discuss It
If an employee raises it casually (for example, at the end of a shift), it’s usually best to acknowledge it and set a proper time to talk.
This helps because:
- you avoid an “on the spot” decision
- you can prepare your numbers and reasoning
- the employee feels heard (even before you’ve decided)
2) Ask For The Basis Of The Request
Salary increase requests typically fall into a few categories:
- performance-based (“I’ve exceeded my KPIs / taken on more responsibility”)
- market-based (“I’ve seen similar roles paying more”)
- cost-of-living-based (“Everything is more expensive now”)
- role-change-based (“My job is bigger than it used to be”)
- retention-based (“I’ve had another offer”)
It’s okay to ask the employee to put the request in writing, especially if you want clarity on what they’re asking for and why. Just keep it simple and non-confrontational.
3) Review The Role, Performance, And Pay History
Before you decide, look at:
- their current job description and what they actually do day-to-day
- performance outcomes (sales, client feedback, quality measures, productivity)
- their pay history and when the last increase occurred
- whether there have been changes in duties or seniority
If you don’t have a formal performance management system, don’t stress - you can still assess fairly using what you do have (rosters, output, customer feedback, error rates, reliability, initiative).
If you need to tighten up how performance is documented (which helps hugely when these conversations come up), a structured Staff Handbook often makes pay and review processes much clearer for everyone.
4) Check Internal Pay Equity
One of the biggest small business risks with pay rises is internal ripple effects.
Before you approve anything, consider:
- Are other team members in similar roles on similar pay?
- If you increase this person’s pay, will someone else reasonably expect the same?
- Will you be able to explain the difference if asked?
You don’t need to disclose other employees’ pay, but you should be prepared for questions like “Why am I paid less than someone I train?”
5) Decide On The Outcome (Including Alternatives)
Your options aren’t limited to “yes” or “no”. Depending on the situation, you might offer:
- a pay rise now (with a clear new rate and effective date)
- a staged increase (for example, after completing training or hitting milestones)
- a one-off bonus (if the business can’t sustain a permanent increase)
- additional non-pay benefits (flexibility, training budget, additional leave)
- a future review date (only if it’s genuine and you’ll follow through)
Whatever you decide, communicate it clearly and document it.
When A Pay Rise Means Changing The Employment Agreement
In many cases, approving a salary increase request means you’re changing a key term of employment - the employee’s pay rate.
That change should be recorded properly, usually via a variation letter or updated employment agreement. As a general rule, changes to an employment agreement should be agreed by both parties (even when the change is beneficial), so it’s worth getting the updated terms confirmed in writing.
As a baseline, you should ensure the documentation covers:
- the new rate (hourly wage or salary)
- when the new rate starts
- whether any duties or title changes are also occurring
- any other related changes (commission, allowances, overtime arrangements)
If your employee is on an arrangement involving commissions or variable pay, it’s particularly important to keep the paperwork tight so there’s no dispute later about what applies and when. In those cases, an Employee Commission Agreement can help set clear expectations around eligibility, calculation methods, and payment timing.
One extra tip: be careful with verbal promises. Even informal statements like “we’ll bump you up after summer” can cause conflict if the business later can’t do it. It’s always better to confirm outcomes in writing.
Common Mistakes Employers Make With Salary Increase Requests
Most employers aren’t trying to do the wrong thing - salary conversations just tend to happen quickly, and then problems show up later.
Here are the common traps we see (and how to avoid them).
Making It Personal Instead Of Objective
It’s easy to fall into “I like this person” or “this person annoys me” territory (even subconsciously).
Try to anchor your decision to objective criteria:
- role size and responsibility
- performance outcomes
- skills and qualifications relevant to the job
- market considerations (where appropriate)
This is also what will protect you if the decision is later challenged or creates internal conflict.
Approving Raises Without Checking The Contract And Payroll Settings
You’d be surprised how often pay rises are agreed verbally, then implemented incorrectly (wrong start date, wrong rate, wrong pay cycle).
Once you approve a salary increase request, make sure:
- payroll is updated correctly and on time
- the change is documented
- any linked entitlements (like holiday pay calculations) are considered
Using “Market Rates” Without Doing The Homework
Sometimes employees cite market rates that don’t match your industry, region, or the true scope of their role.
If you’re going to rely on market benchmarks, make sure you’re comparing like-for-like. Titles can be misleading - duties and responsibility levels are what matter.
Setting A Precedent You Can’t Afford
A permanent wage increase is ongoing. If your business has seasonal revenue or fluctuating demand, a raise might be genuinely difficult to sustain.
In that case, it can be better to offer an alternative (like a bonus or a structured review plan) rather than agreeing to a higher baseline rate and then needing to cut hours later.
If you’re already thinking about restructuring rosters or reducing costs, make sure you approach it carefully - changes to hours and working patterns can raise legal issues. (If this is on your radar, it’s worth reading up on Reducing Staff Hours so you don’t accidentally create a dispute.)
How To Build A Fair Pay Review System (So Salary Requests Don’t Catch You Off Guard)
If salary increase requests keep popping up randomly, it’s usually a sign you need a clearer pay review process.
It doesn’t need to be complicated - even a lightweight system can reduce awkward negotiations and help you budget.
Set A Review Schedule
Many small businesses choose:
- annual salary reviews (often aligned to the financial year)
- 6-month reviews for new hires during their first year
- role-based reviews when responsibilities change
If you have a schedule, you can respond to salary increase requests by saying “We review pay each April - let’s capture this properly for the review,” which feels far better than “no” or “maybe”.
Define What “Good Performance” Means In Your Business
Performance should be measurable, even in people-focused roles. Depending on your industry, this might include:
- sales targets or conversion rates
- customer satisfaction and repeat business
- quality assurance measures (rework, errors, complaints)
- speed and reliability
- leadership and training of junior staff
This doesn’t just help with pay rises - it also supports better performance conversations generally.
Plan For “Role Creep”
In small teams, people naturally take on extra tasks over time.
That’s great - but it can also create pay pressure, because the role has grown and the pay hasn’t.
A practical approach is to:
- update position descriptions when responsibilities change
- tie pay changes to role changes where appropriate
- document when new duties are temporary vs permanent
Think About Business Growth And Retention
Sometimes the best reason to approve a raise is retention. Hiring and training a replacement can cost more than a pay increase (even if it doesn’t feel like it at first).
Try to weigh:
- how hard the role is to replace
- the cost of downtime and recruitment
- customer impact if they leave
- how likely they are to stay with a raise (versus leaving anyway)
If you’re scaling and want stronger employment systems overall, it can help to make sure your employment documentation and policies are consistent from day one - including salary review expectations, performance processes, and workplace conduct standards.
Key Takeaways
- Salary increase requests are common, and handling them well helps protect your culture, retention, and legal risk.
- There’s no automatic entitlement to a pay rise in New Zealand unless it’s agreed in an employment agreement, policy, or collective agreement, but good faith still applies to how you respond.
- A consistent process helps you respond confidently: acknowledge the request, understand the basis, review performance and role scope, check internal equity, then decide and document the outcome.
- If you approve a pay rise, record it properly in writing (such as a variation letter) so there’s no confusion later.
- Be careful about inconsistency and discrimination risks - pay decisions should be explainable using objective criteria.
- Building a simple pay review system (even a lightweight one) can stop salary conversations becoming reactive and stressful.
If you’d like help handling salary increase requests, updating your employment agreements, or setting up clear workplace policies, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
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