Defining Inherent Job Requirements for NZ Employers

Hiring (and managing) staff is one of the most important parts of growing a small business in New Zealand - but it can also be one of the most legally risky.

One concept that comes up again and again in recruitment, performance management, and employee health situations is the idea of a role’s inherent job requirements. If you get this concept right, it helps you make fair decisions, write clearer job ads, and reduce the risk of disputes. If you get it wrong, you could accidentally create discrimination risk, mishandle a medical issue, or end up in an unjustified dismissal or disadvantage claim.

In this guide, we’ll break down what “inherent requirements of the job” means in a practical way for NZ employers - with examples, common traps, and a checklist you can actually use.

What Are The Inherent Requirements Of The Job?

The inherent requirements of a job are the tasks, skills, and abilities that are essential to a role - the parts of the job that must be done to achieve the role’s purpose.

Think of it like this: if you removed that requirement, would it still be the same job?

Inherent requirements are not just what you prefer, or what has “always been done”. They should be:

• Role-based (tied to the position’s core purpose, not the individual employee).
• Genuinely necessary for the job to be performed.
• Defensible if you ever need to justify a decision (for example, choosing between candidates, managing a health-related issue, or ending employment where the role can’t be performed).

This concept often becomes important where there are questions about:

• a worker’s ability to perform the role due to injury, illness, or disability
• health and safety constraints
• restructuring and changing role expectations
• recruitment decisions (including what you can lawfully ask and what selection criteria are fair)

In practice, it’s easiest to treat inherent requirements as your “non-negotiables” - but only if those non-negotiables are genuinely part of the job.

Why Inherent Requirements Matter For NZ Employers

If you’re running a small business, you’re often juggling staffing decisions quickly - hiring someone who can “hit the ground running”, covering rosters, and keeping customers happy. But employment decisions made under pressure are also where misunderstandings (and legal risk) can creep in.

Being clear about the inherent requirements of the job matters because it helps you:

1) Hire Fairly And Reduce Discrimination Risk

When you know what the job truly requires, your recruitment process can focus on relevant criteria rather than assumptions. That’s particularly important under the Human Rights Act 1993, which prohibits discrimination on protected grounds (such as disability, age, sex, family status, religious belief, and more).

In general, hiring decisions should be based on whether a person can do the job. Where disability or health issues are relevant, you should also turn your mind to whether the person could do the work with changes or supports that are reasonable in the circumstances (noting this is fact-specific, and doesn’t mean every adjustment must be made in every case).

It also helps you avoid “screening out” strong candidates by including unnecessary requirements (for example, insisting on a driver’s licence for a role that doesn’t actually require driving).

2) Set Clear Performance Expectations

Many performance issues come down to unclear expectations. If you’ve defined inherent requirements properly, it’s easier to communicate what “good performance” looks like - and to identify where performance is falling short.

This should be reflected in your role description and your Employment Contract, so there’s less ambiguity later.

3) Navigate Medical Issues And Fitness For Work Situations

If an employee becomes unwell or injured, employers often ask: “Do we have to keep their job open?” or “Can we move them to different duties?”

The inherent requirements of the job are a key reference point in these situations. They help you assess:

• what duties are essential vs flexible
• whether temporary changes are workable
• whether the role can be performed safely

This sits alongside your duties under the Health and Safety at Work Act 2015 to provide a safe workplace and manage risks. In practice, “fitness for work” decisions should be made carefully: you’ll usually need appropriate information (often medical evidence), you should consult with the employee, and you should avoid rushing to conclusions without giving them a fair opportunity to respond.

4) Make Role Changes More Safely

As a business grows, roles often change. You might add responsibilities, remove others, or adjust how work is done.

If you treat a “wish list” as inherent requirements, you can end up pushing unreasonable changes onto an employee - and that can lead to claims of unjustified disadvantage (or constructive dismissal, in extreme cases).

When you document inherent requirements carefully, you’re better placed to consult properly and update duties in a fair way. Keep in mind that significant changes to duties, hours, or location will often require genuine consultation in good faith and, depending on the situation and the employment agreement, the employee’s agreement (or a proper change process).

How To Identify Inherent Requirements (A Practical Process)

Here’s a step-by-step approach you can use to define the inherent requirements of the job in a way that’s realistic for small businesses.

Step 1: Start With The Role’s Core Purpose

Write one sentence describing the role’s purpose. For example:

• Cafe Supervisor: “To oversee daily front-of-house operations and lead the team to deliver fast, friendly service.”
• Warehouse Assistant: “To pick, pack, and dispatch orders accurately and safely.”
• Support Worker: “To provide safe, respectful personal care and support to clients.”

This purpose statement helps you avoid loading the role with tasks that are “nice to have” but not essential.

Step 2: List The Core Tasks That Must Be Done

Identify the tasks that make the job what it is. These are usually tasks that happen frequently, are central to outcomes, or carry responsibility.

For example, inherent tasks for a retail sales role might include:

• serving customers and processing sales
• handling cash and using the POS system
• restocking shelves and maintaining shop presentation
• following loss prevention and store procedures

Step 3: Identify The Essential Skills, Abilities, And Behaviours

This is where many employers accidentally drift into vague expectations. Keep it specific and linked to tasks.

For example:

• Ability to communicate clearly (because the role involves customer interaction and team coordination).
• Ability to follow safety procedures (because the role involves machinery, hazardous substances, or food safety).
• Reliability and punctuality (because the role covers opening/closing or fixed shift coverage).

In many roles, you can also bake these expectations into workplace policies and onboarding materials, such as a staff handbook package.

Step 4: Separate “Inherent” From “Preferred”

A simple test: if you removed the requirement, could the person still do the job if you adjusted how the work is done?

Examples of often non-inherent requirements (depending on the role):

• having a specific tertiary qualification where equivalent experience is acceptable
• being available 7 days a week when the business could roster flexibly
• being able to lift a certain weight where mechanical aids or team lifting can be used

It’s fine to have preferences - but don’t treat preferences as inherent requirements unless you can justify why they’re essential.

Step 5: Document It In The Right Places

Once you’ve identified the inherent requirements of the job, reflect them consistently across:

• job ads and candidate information packs
• position descriptions
• employment agreements and any variation letters
• health and safety procedures (where relevant)

When you’re hiring, it also helps to have an Employment Contract that aligns with what the role actually requires, including hours, duties, and any genuine flexibility needs.

Common Scenarios Where Inherent Requirements Come Up (With Examples)

Most employers don’t think about inherent requirements until a situation forces the issue. Here are the most common scenarios, and how the concept usually applies.

Scenario 1: An Employee Has An Injury Or Medical Condition

Let’s say you have a warehouse staff member who injures their back. The question becomes whether they can perform the inherent requirements of their role safely.

Practically, you should consider:

• What are the inherent requirements? (e.g. repetitive lifting, operating equipment, standing for long periods)
• Is the restriction temporary or long-term?
• Can you offer suitable alternative duties?
• Would adjustments keep everyone safe? (including the employee, co-workers, and customers)

Because these situations can overlap with privacy and sensitive information (like medical details), it’s worth checking you’re only collecting and using information that you genuinely need for an employment purpose, storing it securely, and limiting access.

If you handle personal information online or externally (for example, through websites, apps, or customer-facing platforms), having a clear Privacy Policy is important. For internal employee information, the key is having practical privacy processes that align with the Privacy Act 2020 (even if those processes aren’t always set out in a public-facing policy).

Scenario 2: You’re Recruiting And Want To Ask “Can You Do X?”

During recruitment, it’s usually appropriate to ask questions that relate directly to the inherent requirements of the job.

For example, if the inherent requirement is “working alone on late shifts”, you can ask if a candidate can meet those rostered hours.

But what you want to avoid is drifting into questions that appear to relate to a protected ground, such as:

• health/disability questions that aren’t necessary for the role
• questions about family plans or childcare arrangements
• age-related assumptions

Keeping your interview questions anchored to inherent requirements helps you stay fair and consistent.

Scenario 3: You Want To Change A Role (Duties Or Hours)

Small businesses change fast. You might need your staff to take on new tasks, or you might need to adjust operating hours.

The key thing to remember: you generally can’t just declare a new requirement “inherent” and enforce it without proper consultation and (where required) agreement. Even where the contract allows some flexibility, you’ll usually still need to act reasonably and in good faith.

If you’re considering reducing or adjusting hours, it’s important to handle the process carefully (and check the contract terms). This is where guidance around Reducing Staff Hours can be relevant, especially where the change could disadvantage an employee.

Scenario 4: Performance Management Or Exiting An Employee

If an employee can’t meet the inherent requirements of the job, that can become a serious issue - but you still need to follow a fair process.

In NZ, even where you believe there’s a strong reason to end employment, the process matters a lot. That includes:

• raising concerns clearly
• giving the employee a chance to respond
• considering alternatives and supports (where appropriate)
• making a reasoned decision

And if employment is ending for any reason, make sure you’re clear on notice requirements, including when Payment In Lieu Of Notice might apply (it often depends on the contract and the circumstances).

How Inherent Requirements Connect With Discrimination And “Reasonable Adjustments”

This is the part that trips up many employers: even if you’ve identified the inherent requirements of the job correctly, you may still need to consider whether the job can be done with changes or supports that are reasonable in the circumstances.

For example:

• A worker with reduced mobility might still perform a customer service role with seating available and adjusted tasks.
• A staff member returning from injury might be able to do “light duties” temporarily while they recover.
• A worker who can’t drive might still perform a role if driving is not genuinely essential (or if deliveries can be reassigned).

New Zealand law doesn’t operate as a simple, standalone “reasonable adjustments” rule that applies the same way in every situation. Instead, these issues usually need to be managed by reference to your obligations to act fairly and in good faith, your duties under health and safety law, and (where relevant) anti-discrimination rules under the Human Rights Act 1993. What is “reasonable” will depend heavily on the facts.

In a small business, that assessment is often highly context-specific. It can depend on:

• the size and resources of your business
• the nature of the work and safety risks
• the impact on other staff and operations
• whether changes are temporary or permanent

This is where having a clear paper trail matters. If you later need to show you acted fairly, it helps to have notes showing what you considered, what options were discussed, and why a particular option wasn’t workable.

If you’re unsure, it’s worth getting tailored advice early - these issues are much easier to manage before positions become entrenched or disputes escalate.

What Should You Put In Job Ads And Employment Documents?

Once you’ve identified inherent requirements, you’ll want to reflect them in your hiring and employment paperwork in a way that’s clear (but not overly restrictive).

Job Ads

In job ads, focus on:

• the role’s purpose
• the essential duties
• any genuine requirements (e.g. specific licences, physical demands, availability)

Be careful not to unintentionally add discriminatory language. For example, “young and energetic” is risky wording - it’s better to describe the actual requirement, like “able to be on your feet and move stock throughout the day”.

Position Descriptions

Your position description is often where you can set out inherent requirements in more detail. It should be consistent with the day-to-day reality of the job.

A well-drafted position description can also help later if there’s a dispute about whether a particular duty was genuinely part of the role.

Employment Agreements

Your employment agreement should cover the key structural pieces of the job (like hours, location, duties, and reporting lines) and support what you’ve set as core requirements.

If you’re still using a “one-size-fits-all” template, be careful - it might not match the reality of your workplace. A tailored Employment Contract can help ensure your expectations are legally enforceable and practical.

Workplace Policies

Many “requirements” that employers treat as inherent are actually policy issues (like phone use, confidentiality, social media conduct, and health and safety procedures).

Having clear workplace policies makes it easier to enforce expectations without overstating what’s inherent to the role itself. For example, confidentiality expectations are often best handled through clear contract terms and a Confidentiality Clause rather than trying to build “confidentiality” into the inherent requirements list for every role.

Key Takeaways

• The inherent requirements of a job are the essential duties and capabilities that make the role what it is - not just preferences or “nice-to-haves”.
• Defining inherent requirements clearly helps you recruit fairly, manage performance consistently, and reduce the risk of employment disputes.
• Inherent requirements often become critical when dealing with illness, injury, disability, safety restrictions, or significant changes to a role.
• Even where a requirement is inherent, you should still consider whether the role could be performed with reasonable changes or supports in the circumstances (where relevant).
• Document inherent requirements in role descriptions and ensure they align with your employment agreements, day-to-day operations, and workplace policies.
• If you’re considering ending employment because someone can’t meet inherent requirements, make sure you follow a fair process and check notice and pay obligations.

If you’d like help defining the inherent requirements of the job for your roles, updating your employment documents, or managing a tricky employee situation, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.