Olliver & Taylor v Te Araroa & District Progressive Association Inc [2025] NZERA 312

Two Community Connectors succeeded with unjustified dismissal and disadvantage claims after their employer tried to end their employment by relying on fixed-term expiry without complying with the statutory requirements or following a fair process.

Fixed-term agreements did not justify the dismissals

Both applicants worked as Community Connectors in roles dependent on external funding. The Authority accepted there appeared to be genuine operational reasons for using fixed-term employment, but s 66 requires the written agreement to record both how the employment will end and the reasons for ending it that way. Their agreements and variation letters did not record the required reasons.

The employer also told both applicants their employment would end on 29 December 2023 even though the stated fixed terms expired on 31 December. Funding and Community Connector work continued after December. The Authority held the employer could not rely on expiry of the fixed terms or the asserted financial reasons to justify ending employment.

No fair dismissal process

There was no meaningful employment process before termination. The employer simply relied on the fixed terms ending. Serious allegations concerning handling of funds had also been raised publicly without first being properly investigated or put to the applicants. With no proper engagement with Ms Olliver or Ms Taylor about their employment, the Authority found both dismissals unjustified.

Unjustified disadvantage and discrimination

The public allegations and lack of an employment investigation also supported disadvantage findings. Ms Olliver had a further grievance arising from her return from parental leave: she was told to go back on parental leave, stopped receiving wages, and was treated differently from Ms Taylor, who was allowed to work from home and remained on payroll. The Authority found Ms Olliver was discriminated against on the basis of family status.

Remedies

• Daynah Olliver: $37,500 compensation for dismissal, discrimination and disadvantage; 13 weeks lost wages plus 8% holiday pay and employer KiwiSaver contribution; $1,110 wage arrears; further wage arrears equivalent to 21 weeks plus holiday pay and KiwiSaver; unpaid annual holiday entitlement; filing-fee reimbursement and interest.
• Sheena Taylor: $27,500 compensation for dismissal and disadvantage; 13 weeks lost wages plus 8% holiday pay and employer KiwiSaver contribution; unpaid annual holiday entitlement; filing-fee reimbursement and interest.
• Contribution: no reduction. The Authority found neither applicant contributed to the circumstances giving rise to the grievances.
• Penalties: declined.
• Costs: reserved.

Why the case matters

• A genuine funding reason does not cure a fixed-term agreement that fails the specific writing requirements in s 66.
• Ending a purported fixed term early can itself prevent an employer from relying on expiry of the term.
• Publicly raising serious allegations without a fair employment process can create separate disadvantage liability.
• Returning from parental leave must be managed consistently with the employee's statutory and contractual rights.

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