WATSON v ALCHEMY BUILDERS LIMITED and Anor [2025] NZERA 265

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, Second, he alleged he was unjustifiably dismissed on 21 December 2023. After that, On 1 December 2023 Mr Watson's representative sent a personal grievance letter to ABL alleging unjustified disadvantage caused by the written warning ABL had issued him on 22 August 2023. Later, He stated that ABL was now on notice of a personal grievance for constructive dismissal if such a breach was not rectified, [22] On 16 December 2023 Mr Watson noticed that he had been removed from the ABL WhatsApp platform. The determination records that On Thursday 21 December 2023 Mr Watson's representative e-mailed ABL's representative raising a second personal grievance claim for Mr Watson's constructive dismissal. The Authority notes that On 22 August 2023 Mr McKelvie emailed Mr Watson a written warning. Ultimately, On 1 December 2023 Mr Watson's representative sent a personal grievance letter respect of the unjustified disadvantage caused by the written warning issued to Mr McKelvie on 22 August 2023. In the end, Because of these various failures, it follows the dismissal was unjustified.7 [47] The Authority found Mr Watson's personal grievance for unjustifiable dismissal succeeds.8 6 Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 [65]. 7 Employment Relations Act , s 103A.

Key case markers

• This determination comes from the Auckland registry.
• The parties are WATSON (employee) and ALCHEMY BUILDERS LIMITED and Anor (employer).
• Hearing date noted: 29 January 2025.
• Authority member: Andrew Gane.

Key events described

• Second, he alleged he was unjustifiably dismissed on 21 December 2023.
• On 1 December 2023 Mr Watson's representative sent a personal grievance letter to ABL alleging unjustified disadvantage caused by the written warning ABL had issued him on 22 August 2023.
• He stated that ABL was now on notice of a personal grievance for constructive dismissal if such a breach was not rectified, [22] On 16 December 2023 Mr Watson noticed that he had been removed from the ABL WhatsApp platform.
• On Thursday 21 December 2023 Mr Watson's representative e-mailed ABL's representative raising a second personal grievance claim for Mr Watson's constructive dismissal.
• On 22 August 2023 Mr McKelvie emailed Mr Watson a written warning.
• On 1 December 2023 Mr Watson's representative sent a personal grievance letter respect of the unjustified disadvantage caused by the written warning issued to Mr McKelvie on 22 August 2023.
• Because of these various failures, it follows the dismissal was unjustified.7 [47] The Authority found Mr Watson's personal grievance for unjustifiable dismissal succeeds.8 6 Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 [65]. 7 Employment Relations Act , s 103A.
• Mr Watson is entitled to 3 months' pay totalling $19,230.64. (gross) Compensation for humiliation, loss of dignity and injury to feelings [51] Mr Watson gave evidence about the effects on him of ABL's decision to dismiss him and the process leading up to that decision.

Decision markers

• The Authority found Mr Watson's personal grievance claim for unjustified disadvantage cannot proceed. 3 Employment Relations Act, s 114(7).
• Because of these various failures, it follows the dismissal was unjustified.7 [47] The Authority found Mr Watson's personal grievance for unjustifiable dismissal succeeds.8 6 Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 [65]. 7 Employment Relations Act , s 103A.

Orders and payments mentioned

• Compensation: $15,000
• Costs: 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.

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