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Glenice Cooper v Success Realty Limited [2025] NZERA 782 - Remedies after conceded unjustified dismissal (redundancy label rejected)

Unfair Dismissal Cases 36 Redundancy 8

In Glenice Cooper v Success Realty Limited [2025] NZERA 782 (Wellington registry), the employer accepted the dismissal was unjustified after abruptly ending a 21 year employment relationship and calling it a redundancy. The ERA awarded $35,000 compensation, $23,698.71 gross reimbursement (3 months ordinary time remuneration), and ordered payment of a contractual March 2024 quarterly bonus, all payable within 28 days.

Employee Case Review Compensation

This page summarises and displays the Employment Relations Authority (ERA) determination Glenice Cooper v Success Realty Limited [2025] NZERA 782. The employer accepted Ms Cooper's dismissal was unjustified, so the ERA focused on remedies - including compensation, reimbursement (lost remuneration), and a contractual quarterly bonus.

Direct link to the full ERA determination (PDF): https://determinations.era.govt.nz/assets/elawpdf/2025/2025-NZERA-782.pdf

Quick facts

  • Citation: [2025] NZERA 782
  • ERA registry: Wellington
  • Member: Claire English
  • Investigation meeting: 13 August 2025 (Hamilton)
  • Determination date: 3 December 2025
  • Applicant: Ms Glenice Cooper
  • Respondent: Success Realty Limited (SRL)

What was (and was not) in dispute

  • SRL accepted the dismissal was unjustified.
  • Ms Cooper withdrew her unjustified disadvantage / annual leave arrears issues.
  • The Authority therefore determined remedies only.

Employment background

Ms Cooper worked as a marketing manager supporting a real estate agent (Mr Micheal Fraser-Jones) within SRL. She had been employed for 21 years, was described as a valued employee, and at termination earned $125,000 salary plus a quarterly bonus (20 percent of Mr Fraser-Jones' quarterly bonus amount).

What happened (short timeline)

  • Oct 2023: Ms Cooper took planned overseas leave.
  • Early Nov 2023: Meetings were held about relationships in the team, but there was no documented performance or disciplinary process.
  • 19 Dec 2023: Ms Cooper attended what she believed was a business meeting and was told her role was "redundant", she would be paid to end of January 2024, and she was to stop work immediately.
  • Afterward: Email access was revoked immediately, then briefly restored so she could manage exit arrangements.
  • 31 Jan 2024: Paid through to this date.
  • 19 Mar 2024: New employment started, but at $60,000 per year (substantially less than SRL).
Key feature: The dismissal was delivered in a public cafe meeting, without warning, and the employee was told she could say what she wanted but "the decision had already been made".

Why the ERA viewed this as serious

The Authority accepted evidence that the dismissal had a profound and ongoing impact on Ms Cooper's health and wellbeing, including sleep issues, appetite disruption, raised blood pressure, aggravation of an existing heart condition, and the need for GP-supported counselling.

The Authority found the employer's approach was callous and self-serving, and the "redundancy" label did not sit comfortably with the evidence: Mr Fraser-Jones continued to be active in the local real estate market and the business hired another administrative assistant after Ms Cooper left.

On the "redundancy" argument

SRL argued that because the dismissal was framed as redundancy, any reimbursement should be nominal (two weeks, being time to run a fair process). The Authority rejected that approach. On the evidence, redundancy was not shown to be inevitable, and the employer had not run any meaningful process (including discussing alternatives or managing performance concerns over the 21 year employment).

Remedies awarded

1) Compensation (hurt, humiliation, injury to feelings)

  • Award: $35,000 (no deduction).
  • Basis: The Authority compared similar cases and emphasised the degrading communication approach and lack of warning.

2) Reimbursement / lost remuneration

The Authority applied the statutory cap of three months ordinary time remuneration. It awarded:

  • $15,450.39 gross (1 Feb 2024 to 18 Mar 2024, calculated from $125,000 salary).
  • $8,248.32 gross (19 Mar 2024 to 1 May 2024, being the difference between $125,000 and the new $60,000 salary).
  • Total reimbursement: $23,698.71 gross.

3) Contractual quarterly bonus (March 2024)

The quarterly bonus was accepted to be contractual (not discretionary). The Authority found that but for the unjustified dismissal Ms Cooper would have received the 31 March 2024 quarterly bonus, and the employer's argument that a lawful restructure would have concluded before that date was speculative.

The Authority ordered SRL to pay the amount of the 31 March 2024 quarterly contractual bonus. If there are calculation difficulties, the parties may revert to the Authority for direction.

Known monetary total (excluding the bonus): $35,000 + $23,698.71 = $58,698.71, plus the contractual March 2024 bonus amount.

Orders and deadlines

  • Payment deadline: SRL must pay the reimbursement, compensation, and bonus within 28 days of the determination date (3 December 2025).
  • Costs: reserved. If not agreed, the applicant may file a costs memorandum within 28 days, with the respondent's reply due 14 days after service.

Practical takeaways

For employers

  • No ambush meetings: if employment is at risk, the employee must know the meeting purpose and be given an opportunity for support and preparation.
  • Do not predetermine: telling the employee "the decision is already made" undermines good faith and will aggravate compensation.
  • Redundancy requires substance and process: if the business keeps operating and replaces the employee, you can expect close scrutiny of the "redundancy" label.
  • Contractual bonuses can be payable post-dismissal: if the entitlement would have been earned but for the unjustified dismissal, the Authority may order payment.

For employees

  • Record the timeline, meetings, and exact words used - communication style matters in remedy assessment.
  • Keep evidence of job search steps (mitigation) and of salary differences if you obtain lower-paid work.
  • Check your contract for bonuses and other entitlements that may be claimable as lost remuneration or lost benefit.

Read the full determination

This is a public document hosted on the ERA determinations database. If the embedded PDF does not load on your device, use the button below to open it in a new tab.

Open [2025] NZERA 782 (PDF)

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