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Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: Transitional time point: there is a 12-month "grace period" for employees on existing agreements (and certain restructures), before the threshold blocks their dismissal PG rights.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: The judgment is also useful where the employee remains technically employed but is made functionally redundant within the workplace.
Mereana Kennedy v Remarkable People Limited [2026] NZERA 296 - account manager constructively dismissed after employer failed to properly respond to safety concerns about candidate; $20,000 compensation ordered

Mereana Kennedy resigned from Remarkable People after repeated unwanted communications from a candidate created safety concerns and the employer's protective arrangements failed to resolve the problem. She alleged the employer did not properly investigate or respond when the safety plan proved ineffective.

Matched passage: After a restructure, Ms Kennedy was effectively left as the person in the branch dealing with candidates, while her colleague Josh Laird worked out his notice period and then left.
Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

Phil Jacklin argued that Planit Software Testing's short-term incentive clause guaranteed him a 25 percent bonus paid quarterly. The employer said the scheme was discretionary, while a separate issue concerned its failure to set KPIs and eligible amounts at the beginning of the financial year as promised.

Matched passage: Planit was undergoing an international restructure, and KPIs and eligible amounts were not set at the start of his employment.
Robert Tunnicliffe v Solly's Freight (1978) Limited [2026] NZERA 91 - dismissed over limited-licence application; dismissal unjustified

Robert Tunnicliffe could not perform his ordinary driving duties and Solly's Freight placed him on alternative work while a limited-licence issue was being worked through. The relationship deteriorated over who should progress and pay for the licence application, and Solly's dismissed him on 24 April 2024.

Matched passage: He replied that due to the stress of being made redundant from his former employer following the sale of that company, he had forgotten.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Check the employment agreement: notice, trial period, disciplinary, abandonment, restructuring, and dispute clauses may matter.

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