SAMPSON v LYTTELTON PORT COMPANY LIMITED [2026] NZERA 17

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

Story in plain English

This was not a final decision on whether the dismissal was justified or unjustified. It was a preliminary determination about time limits. The employee challenged his dismissal linked to a mandatory vaccination requirement. The employer argued the personal grievance was out of time. The Authority held termination took effect on 18 February 2022 and that the 20 April 2022 correspondence raised an unjustified dismissal personal grievance within the 90-day notification period. It also held that earlier communications before termination did not raise an unjustified dismissal personal grievance for the purposes of the three-year limitation. The Authority directed the parties to mediation and reserved costs.

Key case markers

• Authority member: William Fussey.
• Issue decided: 90-day personal grievance notification timeframe and the three-year commencement limitation (s 114(6)).
• Substantive merits (justification) were not determined in this decision.

Key events described (as described by the Authority)

• Over the period 1 December to 20 December 2021, Harry Sampson raised concerns about the preliminary decision both at meetings (including on 10 and 20 December 2021) and through correspondence from his then representative (including a 1 December 2021 letter).
• On 23 December 2021, following a final consultation meeting on 20 December 2021, LPC wrote to Harry Sampson stating the following: "I have carefully considered all possible alternatives to termination for you, but there are no options available.
• After 18 February 2022, you will receive a final pay which will include any outstanding wages and leave entitlements and will be paid in the next available pay run." [12] Email correspondence following the 6 January 2022 letter ensued.
• On 20 April 2022, Harry Sampson, or his then representative, sent LPC a letter alleging that he had been (quoted wording omitted) and (quoted wording omitted), with references to section 103A and Schedule 3A of the Employment Relations Act 2000.
• Did correspondence on 11 and 20 April 2022 raise a personal grievance for unjustified dismissal within the 90-day notification period.
• The letter then states that if Harry Sampson chooses this option and is not vaccinated during this time his employment will be terminated on 18 February 2022.
• LPC's 17 January 2022 email correspondence states that if Harry Sampson is not vaccinated by 18 February 2022, his employment will be terminated.
• Termination was analogous to a summary dismissal, it being clear in the circumstances that LPC intended for the employment relationship to end on 23 or 24 December 2021. b.
• In Ceres New Zealand LLC v DJK,2 the employee was issued a dismissal letter for redundancy on 16 January 2019.
• The 6 January 2022 correspondence says that if Harry Sampson does not receive the COVID-19 vaccine, his last day of employment (quoted wording omitted) 18 February 2022, and the 17 January 2022 correspondence says that if Harry Sampson is not vaccinated by 18 February 2022, his employment (quoted wording omitted) terminated.
• This includes the 1 December 2021 letter, statements made at 10 and 20 December 2021 meetings, and the applicant's 15 January 2022 email.
• Outcome [52] For the reasons given, the Authority may continue to investigate Harry Sampson's personal grievance for unjustified dismissal, as raised by his 20 April 2022 correspondence.

Decision markers (as described by the Authority)

• The Authority found the termination date was 18 February 2022 for limitation purposes.
• The 20 April 2022 correspondence raised an unjustified dismissal personal grievance within 90 days.
• Earlier communications before termination did not raise an unjustified dismissal personal grievance for the purposes of the three-year limitation.
• Parties were directed to mediation; costs were reserved.

Orders and payments mentioned

• No remedies or monetary awards were made (this was a preliminary time-limit determination).

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