New Zealand Employment Court case summaries covering challenges to Employment Relations Authority decisions, unjustified dismissal, unjustified disadvantage, remedies, procedure, and other significant employment law issues.
These Employment Court case summaries cover significant New Zealand employment law decisions, including challenges to Employment Relations Authority (ERA) determinations. They explain the facts, the Court's reasoning, the result, and what the decision means in practice for employees and employers.
If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
The Employment Court can hear challenges to ERA determinations, including cases heard again on a de novo basis. Some Court decisions uphold the Authority's result, while others overturn or materially change findings about dismissal, disadvantage, remedies, reinstatement, lost wages, compensation, penalties, or other employment law issues.
These summaries are intended to make the later history of important ERA cases clear. Where an Employment Court decision changes an ERA result, the Court outcome is identified so that an earlier Authority determination is not read without its subsequent history.
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Showing 9-16 of 17 articles in Employment Court Case Summaries
Mrs Petersen was immediately suspended after raising concerns about a work task, was required to leave her uniform behind and was threatened with trespass. The dispute was whether those actions objectively communicated that her employment was over.
Roseanne Sheridan developed PTSD after a serious threat from a resident at work and was dismissed for medical incapacity about six months later. Specialist ACC information and rehabilitation planning were still developing, and a return-to-work process had not been completed.
Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.
After Mr Parker succeeded in the ERA on bullying and constructive dismissal claims, Magnum Hire challenged the result in the Employment Court and sought a stay so the ERA remedies could not be enforced while the challenge was pending.
DQJ challenged an ERA decision refusing interim reinstatement after Inland Revenue ended her employment. The Employment Court had to decide whether preserving the employment relationship pending the substantive grievance was justified without deciding the ultimate merits.
WXN, a long-serving Auckland Airport maintenance technician, lost his job after not meeting a COVID-19 vaccination requirement and sought interim reinstatement while challenging the termination. The ERA declined interim relief.
Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.
STL Linehaul challenged an ERA determination that had found Leo Waters' redundancy unjustified and awarded him remedies. The Employment Court proceeding tested whether the employer could overturn that employee-side outcome and the amounts flowing from it.