You're going to have to make a call. But you're not sure it's the right one.
That's the moment this podcast was built for.
Employment Law Done Right is for HR professionals, people leaders, and employers in New Zealand who are in the thick of it. Not the theory of it. The 90-day trial period expiring this week. The performance process that got complicated the moment an employee disclosed a mental health condition. The disciplinary process where someone resigned midway and is now threatening a personal grievance.
Hosted by Sanam Permal, a practising lawyer in New Zealand and Australia. She founded Law Lenz, an employment law training business, in 2023 and it started with this podcast. Every episode covers the real scenarios you face in plain English. Case breakdowns, legal updates, deep dives into the topics that keep you up at night.
She's a lawyer. Just not your lawyer. Instead, she's here to give you the knowledge and skills to back yourself when it matters most.
New episodes drop fortnightly. Visit lawlenz.co.nz
My Employee Raised Mental Health Mid-Process. Do I Have to Stop?
An employee stops you mid-process and says they can't continue because of their mental health. Do you stop everything? Keep going? And what does the law actually require you to do?
Most employers freeze. And that is exactly where things go wrong.
This episode breaks down three cases that answer this question for good, including the same employer and the same employee, four years apart, one loss and one win. The facts between those two cases were just as serious. What changed was what the employer did next.
You will hear what the Employment Court actually found in FGH v RST, why the employer lost in 2018 and won in 2022 with the same employee. Also why a recent 2026 ERA determination involving the University of Waikato confirms the same principles when an employee raised mental health during a disciplinary meeting.
Join Sanam as she covers the two questions that decide it every time and why an employee raising a concern is not automatically enough to require you to stop. Plus the exact steps you need to take to protect your process when mental health comes up are all covered in this episode.
If you are an employer, HR professional, or people leader who has ever thought "the employee has raised something but I am not sure whether I need to pause", this is the episode that gives you the answer. Because getting this wrong does not just cost you the process. It can cost you with a personal grievance.
Need training that's different, but sticks?
The situations covered in this episode, the grey areas, the judgement calls, the moments where you are not sure whether to push on or pause, are exactly what On The Front Foot is built for. It is a workshop for managers and people leaders who need to know what to say and what not to say before they are in the room. Out Of The Grey covers the same territory for HR teams already dealing with the curlier end of employment law. More info at lawlenz.co.nz.
Cases and legislation mentioned:
FGH v RST [2018] NZEmpC 60 - the 2018 loss
FGH v RST [2022] NZEmpC 223 - the 2022 win, same parties
FGH v RST [2023] NZCA 204 - Court of Appeal leave to appeal declined
Hassan v University of Waikato [2026] NZERA 486 - 2026 ERA determination
Section 103A of the Employment Relations Act 2000 - the test of justification
Further reading:
Hesketh Henry - FGH v RST the Sequel: Navigating mental health in employment processes - the article that breaks down both FGH cases and what they mean for employers
Harkness Henry - Mental health, employee conduct and performance: can it be managed? - covers both FGH cases with practical guidance
Check out the Law Lenz website lawlenz.co.nz
Want to book a workshop? Book a Clarity Call HERE!
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Email them to ask@lawlenz.co.nz
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.
25 Jul 2026
How to Run Your Next Disciplinary Meeting Properly
Very few employers walk into a disciplinary meeting having prepared questions. Host Sanam recently sat in on a disciplinary meeting from the other side of the table, supporting someone close to her rather than the employer. Accusatory language. No structure. Stacked allegations. This could've all been avoided if the employer knew how to run and handle the meeting...properly!
There is plenty out there on how to prepare for a disciplinary meeting. There is almost nothing on how to actually run one once you are in the room. That is what this episode is for.
In this episode Sanam covers:
Why a disciplinary meeting is a fact finding mission
The section 103A test, and the four things the ERA will check
Important prep tips that make for a better meeting
How to frame questions correctly and the four types of questions you need to know
Meeting must haves and the mistakes that sink employers fastest
The line to take away. The quality of your questions is the quality of your defence.
Mentioned in this episode:
Section 103A of the Employment Relations Act 2000, the test of justification
Section 4 of the Employment Relations Act 2000, the duty of good faith
Employment New Zealand guidance on resolving problems and disciplinary processes
We do employment law differently at Law Lenz!
How? Through unique workshops and hands-on training. On The Front Foot is open for booking now. It is built for managers and leaders who need to know what they can say and what they cannot before they are in the room. Out Of The Grey is for the HR teams already dealing with the curlier situations. Both at lawlenz.co.nz
Check out the Law Lenz website lawlenz.co.nz
Want to book a workshop? Book a Clarity Call HERE!
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Email them to ask@lawlenz.co.nz
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.
10 Jul 2026
Part 3 - ERAA 2026: What's Considered Serious Misconduct & Contribution Today?
An employee derails a disciplinary process. Or maybe they stole from you and you can prove it. But what if you missed a step in the process? Under the old law, one missed step could still have cost you the case anyway.
This is Part 3 of our three part series on the Employment Relations Amendment Act (ERAA). Since 21 February 2026, the same reforms that reshaped contractor law have also rewritten what an employee gets awarded when their own conduct helped cause the grievance.
Join host Sanam as she breaks down the new two-tier contribution structure. From what changes when an employee's conduct contributed to their own dismissal, to what the cases are already showing us, all the way through to the questions you sent through for us to answer.
In this episode we cover:
The two-tier contribution structure introduced this year
Section 123B, the full remedy exclusion for serious misconduct contribution
Why lost wages can now be reduced by up to 100%
The new obstruction factor under Section 103A and the end of "minor" procedural defects
What "deliberate" means when it comes to serious misconduct, and what the case law is already showing
Why vague policies are now a genuine liability
Your questions on obstruction, procedural gaps, and defining serious misconduct in your own agreements
Mentioned in this episode:
The Employment Relations Amendment Act 2026, which sets out the two-tier contribution and remedy structure and the updated justification test
CMA Law's case note, What Counts as Deliberate: The Johnstone Case and the New s 123B, covering Insight New Zealand 2007 Ltd v Johnstone [2026] NZEmpC 101
Frontline Law's commentary, A Significant Shift: Understanding the 2026 New Zealand Employment Law Overhaul, on the risk of the new remedy structure creating a licence to be sloppy
RNZ's coverage of the Qube Ports case, ERA finds Qube wrongly fired port workers who refused to work with a colleague they deemed unsafe
Check out the Law Lenz website lawlenz.co.nz
Want to book a workshop? Book a Clarity Call HERE!
Don't miss our updates and legal insights! Sign up to the Law Lenz Newsletter! CLICK HERE!
Follow Sanam on LinkedIn for key employment law updates.
Got questions? Email them to ask@lawlenz.co.nz
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.
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