S4, E02 - Fiona McMillan on recent Employment Law changes in 2026

Fiona McMillan from Lane Neave joined Sam again on the podcast.

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Fiona McMillan is a Partner at Lane Neave, specialising in employment law and health and safety. She holds a Bachelor of Laws and Political Science from the University of Canterbury and began her career in Lane Neave’s Christchurch employment team under Andrew Shaw. Fiona advises on the full spectrum of employment issues, including performance management, misconduct and serious misconduct, medical incapacity, restructures and redundancies, collective bargaining, Human Rights Commission matters, and independent workplace investigations.

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She has been widely recognised in the industry, including a nomination for Young Lawyer of the Year at the New Zealand Law Awards, and consistent rankings in Doyle’s Guide, The Legal 500 Asia Pacific, and Chambers and Partners. She was also named one of NZ Lawyer’s Elite Women in 2022 and 2023. Outside of her legal practice, she enjoys travelling and spending time with family in Christchurch.

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New Zealand recently introduced some changes to the Employment Relations Act with the Employment Relations Amendment Act. There were four key changes that are already in effect:

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1. Contractor vs Employees (Gateway test)

2. High income earners cannot raise a Personal Grievance in the event of unjustified dismissal

3. Stricter limits on remedies

4. A repeal of the 30-day rule

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Fiona discusses the detail around these four changes and what they mean for our everyday interpretation and practice.

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Watch on Youtube here - https://www.youtube.com/watch?v=t-fEHKAbcdg

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