O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 57

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues.

In summary, She was dismissed from her employment as of 15 June 2023 following the implementation of a restructuring proposal. After that, Ms O'Brien claims that she was unjustifiably dismissed from her employment on the basis of purported redundancy. Later, The letter of 3 May 2023 went on to describe the restructuring proposal: ... Presently your base salary is $120,000. The determination records that The letter containing the proposal went on to outline an opportunity for Ms O'Brien to provide feedback, including by way of a meeting or written response, and requested that any feedback be provided by 12 May 2023. The Authority notes that Please treat this letter as formal notice of the termination of your employment on four weeks' notice, meaning that your employment will terminated on Wednesday, 14 June 2023. Ultimately, The Authority found that The Platform failed to appropriately consider redeployment opportunities and alternatives to dismissal. In the end, The Authority found that the dismissal was inextricably linked to Ms O'Brien's absence from the workplace and the reasons for that.

Key case markers

• This determination comes from the Wellington registry.
• The parties are O'BRIEN (employee) and THE PLATFORM MEDIA NZ LIMITED (employer).
• Hearing date noted: nan.
• Authority member: nan.

Key events described

• She was dismissed from her employment as of 15 June 2023 following the implementation of a restructuring proposal.
• Ms O'Brien claims that she was unjustifiably dismissed from her employment on the basis of purported redundancy.
• The letter of 3 May 2023 went on to describe the restructuring proposal: ... Presently your base salary is $120,000.
• The letter containing the proposal went on to outline an opportunity for Ms O'Brien to provide feedback, including by way of a meeting or written response, and requested that any feedback be provided by 12 May 2023.
• Please treat this letter as formal notice of the termination of your employment on four weeks' notice, meaning that your employment will terminated on Wednesday, 14 June 2023.
• The Authority found that The Platform failed to appropriately consider redeployment opportunities and alternatives to dismissal.
• The Authority found that the dismissal was inextricably linked to Ms O'Brien's absence from the workplace and the reasons for that.
• While it is possible that the redundancy may have resulted in a commercial upside for The Platform, The Authority found that any such underlying commercial or business considerations, such as they were, were not the predominant motive for the termination.
• The Authority found that the dismissal was both substantively and procedurally unjustified.
• The Authority was satisfied that Ms O'Brien was negatively impacted by The Platform's actions in relation to both the process leading to and the actual dismissal from her employment.
• The Authority concluded that the impact on Ms O'Brien of the actions giving rise to her unjustified disadvantage claims are inextricably linked with those relating to the dismissal.
• Ms O'Brien claims lost wages for the period 17 February 2023, that being the date of the investigation meeting relating the other proceedings in the Authority, to 15 June 2024, that being the date of dismissal.

Decision markers

• The Authority was satisfied that Ms O'Brien was unjustifiably disadvantaged by The Platform's actions relating to the proposed NDA.
• The Authority found that The Platform failed to appropriately consider redeployment opportunities and alternatives to dismissal.
• The Authority found that the dismissal was inextricably linked to Ms O'Brien's absence from the workplace and the reasons for that.
• While it is possible that the redundancy may have resulted in a commercial upside for The Platform, The Authority found that any such underlying commercial or business considerations, such as they were, were not the predominant motive for the termination.
• The Authority found that the dismissal was both substantively and procedurally unjustified.
• The Authority was satisfied that Ms O'Brien was negatively impacted by The Platform's actions in relation to both the process leading to and the actual dismissal from her employment.
• The Authority was satisfied she is entitled to compensation in terms of s 123(1)(c)(i) of the Act.
• The Authority concluded that the impact on Ms O'Brien of the actions giving rise to her unjustified disadvantage claims are inextricably linked with those relating to the dismissal.
• I am also satisfied that for the duration of the relevant periods Ms O'Brien received income from other work that was at least [79] The Authority found that Ms O'Brien did not suffer a loss of income and that she is not entitled to compensation for lost wages.
• The Authority held the redundancy dismissal was unjustified and awarded compensation.

Orders and payments mentioned

• Compensation: $22,500.00
• Costs: Reserved

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Redundancy determinations usually turn on genuineness and consultation quality.
• Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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