Emily Grinsted v Bunnings Limited [2026] NZERA 236

A report-style summary of an Employment Relations Authority (ERA) determination. The full determination is embedded at the end of this page.

What happened

• Bunnings Limited (Bunnings) is a large Australasian retailer of home improvement and outdoor living products. Emily Grinsted is Bunning's People and Culture Manager for the New Zealand, reporting to Bunnings' General Manager - People Operations, Rana Obeid, who is based in Melbourne.
• Ms Grinsted commenced employment with Bunnings on 3 March 2025, and remains employed by the company. Tensions emerged in her relationship with Ms Obeid regarding perceptions of Ms Grinstead's style and approach, which led to an exchange of correspondence between the parties' solicitors in August...
• Ms Grinsted claimed that she was unjustifiably disadvantaged in her employment by the way Bunnings approached criticisms of her work, including by failing to provide her information about those criticisms. She further claimed that Bunnings had not allowed her to perform her duties, breached an...
• Bunnings denied that Ms Grinsted was unjustifiably disadvantaged or that it breached any contractual obligation to her. It further said that it had at all times attempted to support her and treated her in good faith. The Authority's investigation
• For the Authority's investigation written witness statements were lodged from Ms Grinsted and Ms Obeid. Each answered questions under oath or affirmation from the Authority and the parties' representatives. The representatives also gave oral closing submissions.
• As permitted by s 174E of the Employment Relations Act 2000 (the Act) this determination has stated findings of fact and law, expressed conclusions on issues necessary to dispose of the matter and specified orders made. It has not recorded all evidence and submissions received. The issues
• The issues requiring investigation and determination were: (a) Whether the applicant was unjustifiably disadvantaged in her employment by: (i) the manner in which issues were raised with her by the respondent, including whether sufficient information was provided regarding apparent concerns;...
• Bunnings' headquarters are in Melbourne. It has a New Zealand based Company Manager and certain support functions, including human resources (HR), are provided from an Auckland office. However, the Melbourne office exercises ultimate control over the business's operations in both Australia and...
• Ms Grinstead's role as a People and Culture Manager means that she leads other people and culture partners in New Zealand and facilitates a broad range of HR matters in New Zealand including employment relations and bargaining.
• During the meeting Ms Grinsted was informed of the content of the proposed change, and that it potentially involved redundancies. She was also asked to assist in a meeting the next day with Zoe Gill, General Manager Finance Business Partnering, and New Zealand Country Manager, Melissa Haines....
• On 5 August 2025 Ms Grinsted attended the meeting with Ms Gill and Ms Haines at which the change was discussed. Ms Grinsted's role in the meeting was to support both Ms Gill and Ms Haines with the discussion so as to move the process forward. Ms Grinsted said she did not speak much in the...
• On 6 August 2025 Ms Obeid and Ms Grinsted met to discuss the feedback that had been provided by Ms Gill, among other operational matters. Ms Obeid told the Authority that her intention at the meeting was to provide Ms Grinsted with constructive feedback regarding her conduct and her alignment...

Key findings and reasoning

• Ms Grinsted claimed that she was unjustifiably disadvantaged in her employment by the way Bunnings approached criticisms of her work, including by failing to provide her information about those criticisms. She further claimed that Bunnings had not allowed her to perform her duties, breached an...
• Bunnings denied that Ms Grinsted was unjustifiably disadvantaged or that it breached any contractual obligation to her. It further said that it had at all times attempted to support her and treated her in good faith. The Authority's investigation
• The issues requiring investigation and determination were: (a) Whether the applicant was unjustifiably disadvantaged in her employment by: (i) the manner in which issues were raised with her by the respondent, including whether sufficient information was provided regarding apparent concerns;...
• Ms Grinstead's role was described as being highly autonomous in that she controlled her day-to-day work and managed her team. Her role was also described as senior within the Bunnings business and required her to build constructive relationships with a range of stakeholders both in Australia and...
• Ms Obeid said that to the extent any work was allocated to Ms Grinsted's team this was purely to reflect operational requirements, and she had spoken to Ms Grinsted's team about their pay reviews to reassure them while Ms Grinsted was away on sick leave. Ms Grinsted's unjustified disadvantage claims
• Ms Grinsted's unjustified disadvantage claims fall into five categories, each of which are dealt with below. (i) Was Ms Grinsted unjustifiably disadvantaged by the manner in which issues were raised with her, and did she have sufficient information regarding apparent concerns?
• The question that the Authority must determine is whether Ms Grinsted was disadvantaged by how Bunnings dealt with these issues and, if she was, whether that disadvantage was unjustified. Whether an action is justified is to be objectively determined by considering whether the employer's actions...
• In amongst the vicissitudes of corporate life there will be occasions where negative feedback is received by management about a person and needs to be acted on. The actions taken in response to such feedback are for an employer to determine, provided they do so in a fair and reasonable way. The...
• Failing to take this step was not something a fair and reasonable employer could have done and, in this regard, Ms Grinsted was unjustifiably disadvantaged in her employment. She is therefore entitled to consideration of remedies including the reimbursement of a sum equal to money lost by her as...
• The Authority therefore order Bunnings to pay Ms Grinsted her entitlement under the STI as if she had achieved an individual performance outcome of 75% for the relevant period. The amount she should have received as a bonus is calculated by applying this individual component rating and the...
• Ms Grinsted has successfully established that she was unjustifiably disadvantaged by Bunnings' failure to input an individual performance rating and to pay her bonus. It is therefore only on this head that she is entitled to consideration of compensation for injury to her feelings under s...
• Bunnings' obligation to comply with its own policy in relation to the STI scheme was not affected by any action by Ms Grinsted. Her actions were not wrongful or blameworthy so as to mean any reduction to the remedies awarded would be appropriate. The Authority therefore make no reduction for...

Orders and payments mentioned

• Other payments: $11,820
• Compensation: $5,000.00

Note: amounts are extracted from the orders wording. Check the PDF for full context (gross/net, tax, contribution, and deadlines).

Practical takeaways

• ERA dismissal cases are assessed using s 103A (what a fair and reasonable employer could have done in all the circumstances).
• For redundancy, genuineness and process are separate: consultation and redeployment assessment remain critical.
• Unjustified disadvantage requires unjustified employer conduct and an actual disadvantage.
• Always read the orders section for the authoritative list of payments, deadlines, and compliance steps.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.