Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Philip Powell was employed by OH and N Contracting Limited as a site foreman in a logging operation. The ERA accepted there was some genuine business basis for redundancy because the logging work was nearing completion, the company had not secured other work, and the need for workers was reducing. But the dismissal was still unjustified because OH and N did not follow any real good-faith consultation process before ending Mr Powell's employment. The employer also wrongly used annual holiday pay instead of paying notice wages, failed to provide wage and time records when requested, and was ordered to pay compensation, lost wages, unpaid wages, penalties, and to allow limited personal recovery against the director if the company could not pay...

Conner Powell was employed by OH and N Contracting Limited as a forestry worker from November 2022 until his employment ended on redundancy grounds in January 2025. The ERA accepted there was some genuine business basis for redundancy because the logging work was nearing completion, the company had not secured other work, and the need for workers was reducing. But the dismissal was still unjustified because OH and N did not follow a good-faith restructuring process before ending Mr Powell's employment. The employer also wrongly used annual holiday pay instead of notice wages, failed to provide the employment agreement and wage and time records when requested, and was ordered to pay compensation, lost wages, unpaid wages and penalties...

Jia Jia worked for TBS Trading Limited as a retail sales assistant for about two and a half months. She was not given a written employment agreement, her wages were not always paid on time, and her employment ended after the employer stopped offering her full-time work and then stopped offering her work at all. The ERA found unjustified dismissal and unjustified disadvantage. It ordered two months' lost wages, $12,500 compensation, penalties for failing to provide an employment agreement and late wage payment, costs and the filing fee. Helen Han was not found personally liable for dismissal remedies, but the ERA granted leave for Ms Jia to recover the penalties from Ms Han personally if TBS could not pay them...

OAS was employed as a chef by JIK Limited. After a family violence incident involving his ex-partner, OAS told the employer he needed time away from work to keep his children safe, deal with urgent family matters, meet a victim support adviser and pursue protection-order steps. JIK treated his messages as a resignation or abandonment of employment and left him off the next roster. The ERA held that OAS had not resigned or abandoned his job. He was entitled to family violence leave and JIK's decision not to roster him again was a dismissal. The dismissal was unjustified because JIK failed to engage with the family violence situation and dismissed him for missing work when he was entitled to be away. The Authority awarded compensation and lost wages, reduced by 10 percent for contribution...

Duane April came to New Zealand on an accredited employer work visa to work for Coatrite Fire Limited as an industrial/intumescent spray painter. The ERA found he had been unjustifiably disadvantaged by underpayment at $35 rather than the agreed $38 per hour, unauthorised wage deductions, racialised comments, and an unjustified verbal warning. His later dismissal was also unjustified. The employer failed to provide sufficient information about the allegations, unfairly denied remote support from Mr April's father, relied on matters not properly investigated, and dismissed him after a meeting that had ended with an apparent understanding the employment relationship would continue. Coatrite was ordered to pay compensation, lost wages, arrears, interest and a $4,000 penalty, while most of its claimed set-off against Mr April was rejected...

Qi Sun was employed by Keene Construction Limited as an apprentice builder. After he queried an unpaid $300 apprenticeship-cost payment, the company director texted that there was not going to be a company anymore and told him not to bother coming into work. The ERA found it was reasonable for Mr Sun to understand that he had been dismissed. Keene Construction provided no evidence, filed no reply, did not attend the investigation meeting, and did not justify the dismissal. The Authority awarded lost wages, compensation, wage and holiday pay arrears, and costs...