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Results for employee contribution

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s 150A not applied; compliance on advocate s 149 invoice upheld (Mackey v Shearing NZ Ltd [2026] NZERA 146)

After a settlement recorded under s 149, Shearing NZ resisted compliance with payment obligations and pursued confidentiality-related penalties against Ms Mackey and allegations that her advocate had aided or procured a breach. The dispute therefore combined enforcement of the settlement with an attempted expansion of liability to the employee's representative.

Matched passage: That is a sensible reading because it targets the actual mischief behind s 150A: a representative receiving the employee's monetary settlement and deducting fees before passing the balance on.
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: In February 2025 AT began investigating concerns about his conduct towards a former employee with whom he had previously been in a relationship.
Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal

Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.

Matched passage: ... procedural fairness; serious misconduct; summary dismissal; good faith; remedy amendments; contribution Outcome: unjustified dismissal and breach of good faith established Remedies: $20,000 compensation and $7,226.25 gross lost remuneration Contribution: no reduction Costs: ...
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: No contribution reduction The ERA considered whether remedies should be reduced under s 124 for blameworthy conduct by Mr Jowitt that contributed to the situation giving rise to the grievance.
Gaetan Duvaux v Mega Limited [2026] NZERA 182 - redundancy dismissal unjustified on process; pre-selection and withheld scoring; $8,000 compensation plus three months' pay ordered

Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.

Matched passage: Contribution: no reduction for contribution (s 124).
Wallace v Tang & Son Ltd [2026] NZERA 67 - husband-and-wife chefs dismissed after management conflict; both succeed; $95,448 ordered

Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.

Matched passage: Again, no reduction for contribution was applied.
Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties

Kaytlin Pinder was dismissed under a purported 90-day trial period. The key issue was whether the trial provision had been validly agreed before she became an employee, together with related failures to provide proper employment documentation.

Matched passage: The Authority found she accepted the offer on 4 June 2021 , which meant she became an "employee" (as a person intending to work) at that time.
Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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