Glenice Cooper v Success Realty [2025] NZERA 782

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

What happened

• The applicant, Ms Glenice Cooper, worked as a Marketing Manager for Mr Fraser-Jones, as part of the real estate team working for the respondent Success Realty Limited (SRL). On 19 December 2023, Mr Fraser-Jones unexpectedly told Ms Cooper that her job was...
• Ms Cooper accordingly raised personal grievance claims. Her original claims before the Authority included a claim of unjustified dismissal, unjustified disadvantage due to a claim that her annual leave had been paid incorrectly, and she sought remedies...
• As at the time of the investigation meeting, I record that SRL accepted that Ms Cooper's dismissal was unjustified, and Ms Cooper withdrew her claim for unjustified disadvantage and related arrears.
• Accordingly, and by consent, the matters remaining to be determined are the remedies properly awarded to Ms Cooper in all the circumstances. Ms Cooper claims remedies of: a. $75,000 in compensation for hurt, humiliation, and injury to feelings in...
• For the Authority's investigation written witness statements were lodged from Ms Cooper, and Ms Susan Monds in support. For the respondent, witness statements were lodged from Mr Micheal Fraser-Jones, Ms Pauline McLaren, and Mr Neville Jacques. All...
• 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...
• Ms Cooper was employed as the Marketing Manager to Mike Fraser-Jones, and assisted him in all the administrative aspects of his real estate business. At the time of her dismissal, she had been employed by him for 21 years. Ms Cooper was a valued employee,...
• In the first half of 2023, Mr Fraser-Jones invited Mr Jacques and Ms Stacci Proffitt to join the business. Mr Jacques was a real estate agent, and Ms Proffitt was his assistant, although she also had a real estate agent's licence. The evidence was that Mr...
• In November, Ms Cooper had two meetings with Mr Fraser-Jones, Mr Jacques, and Ms Proffitt. She recalls being told that Mr Jacques and Ms Proffitt were scared of her, did not "enjoy" working with her, and that Ms Proffitt in particular was upset that Ms...
• Mr Fraser-Jones told her that a decision had been made to restructure the business, he did not need two PA's on the team, and that Ms Proffitt could handle the work and Ms Cooper's services were no longer required. He told her that she was redundant, she...

Key findings and reasoning

• Ms Cooper accordingly raised personal grievance claims. Her original claims before the Authority included a claim of unjustified dismissal, unjustified disadvantage due to a claim that her annual leave had been paid incorrectly, and she sought remedies...
• As at the time of the investigation meeting, I record that SRL accepted that Ms Cooper's dismissal was unjustified, and Ms Cooper withdrew her claim for unjustified disadvantage and related arrears.
• Accordingly, and by consent, the matters remaining to be determined are the remedies properly awarded to Ms Cooper in all the circumstances. Ms Cooper claims remedies of: a. $75,000 in compensation for hurt, humiliation, and injury to feelings in...
• Mr Fraser-Jones gave evidence about how and why Ms Cooper was dismissed. His written evidence was that Ms Cooper was dismissed for redundancy. It was accepted by SRL that in all the circumstances, this amounted to an unjustified dismissal.
• In these circumstances, SRL's concession that Ms Cooper's dismissal was unjustified is well-made. The Authority that Ms Cooper has a personal grievance for unjustified dismissal and is entitled to remedies accordingly. Remedies
• The court has found, in similar circumstances where the employee was described as having "experienced a deep sense of hurt that she had not been listened to and that her concerns had been unceremoniously brushed to one side" that a compensatory award of...
• Taking into account the court's comments in these matters, The Authority satisfied that an appropriate award of compensation is $35,000. Orders are made accordingly. Should lost wages be awarded?
• Ms Cooper also seeks orders awarding payment of her quarterly bonus, which was due at the end of March 2024. It is accepted that this was a contractual term, rather than a discretionary bonus. Ms Cooper submits that but for her unjustified dismissal she...
• Section 128 of the Act states that where the Authority has determined that an employee has a personal grievance, and has lost remuneration as a result of that personal grievance, order the employer to pay to the employee the lessor of a sum equal to that...
• In the present case, Ms Cooper has a personal grievance claim for unjustified dismissal, and the quarterly bonus payment was a contractual entitlement to the payment of wages or other money. But for her unjustified dismissal, she would have received this...

Orders and payments mentioned

• Compensation: $75,000, $35,000
• Lost wages / arrears: $23,698.71, $15,450.39, $8,248.32

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.