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Results for ERA

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CHEN v CONSTRUST LIMITED and Anor [2025] NZERA 20 - unjustified dismissal; compensation, wages and penalty

Mr Chen worked in a construction arrangement where the identity of the employer and the true nature of the relationship were disputed. Evidence at the ERA included inconsistent accounts about when Construst was first mentioned and the parties agreed the amount of lost remuneration if employment was established.

Matched passage: era.
JOHNSTONE v ZXY [2025] NZERA 11 - care worker's summary dismissal unjustified; hindsight undermined the process

A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.

Matched passage: era.
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.

Matched passage: era.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

Matched passage: nz/assets/elawpdf/2023/2023-NZERA-568.
Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376 - Unjustified dismissal during Covid isolation, redundancy not genuine

Tihei Kereopa-Rerekura's employment at Cruz Bar ended while Covid isolation requirements were affecting work. The employer relied on redundancy, but the ERA examined whether there was a genuine redundancy and whether any fair consultation process occurred before the employment ended.

Matched passage: @{ // Public source document (ERA determinations database) var pdfUrl = "https://determinations.
Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation

Gary Cotton's case required the ERA to identify who his employer actually was after work performed through Gosling Solutions and dealings involving Darcee Gosling and Rob Ralston. The case also concerned a summary termination and claims for unpaid employment entitlements.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304 - Unjustified dismissal, redundancy process failures

Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.

Matched passage: @{ // Public source document (ERA determinations database) var pdfUrl = "https://determinations.
Employer ERA costs: when an employer can claim costs after winning

What an employer can realistically recover in ERA costs after successfully defending a claim, including the daily-tariff starting point and the circumstances that can increase or reduce an award.

Matched passage: Read more Costs ERA practice note on costs Unreasonable employment lawyer costs Employment law advice for employers Employment Relations Authority (ERA)

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