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Neil Armstrong v Surplus Brokers Ltd [2019] NZERA 235 - Casual employment dismissal, penalties for no agreement

Neil Armstrong worked for Surplus Brokers in an arrangement the employer characterised as casual. The dispute concerned whether he had actually been dismissed, whether the casual label affected his rights, and the employer's failures to provide compliant employment documentation.

Matched passage: Lost wages declined: while lost wages were claimed, the evidence did not support an award for lost wages (including issues around mitigation and health).
90 Day Trial Periods for Employers NZ | Clause, Notice and PG Risk

Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.

Matched passage: Employers should still be careful about discrimination, harassment, disadvantage unrelated to the dismissal, unpaid wages, holiday pay, minimum employment standards, health and safety issues, and good faith obligations.
Covid-19 wage subsidy: employer obligations and wage protection risk

How Covid-19 wage-subsidy arrangements interacted with wages, hours, leave and restructuring, and why subsidy support did not itself authorise employers to reduce contractual or statutory entitlements.

Matched passage: Read our full article: Pay-As-You-Go Holiday Pay --> Download File: Wage Subsidy Covid-19 Employer checklist: document the reason for any proposed change, consult early, confirm agreement in writing, and keep payroll and leave records tight.
Siddanth Prasad & Ors v Fiji Food Distributors NZ Limited [2025] NZERA 659 - wage arrears, unjustified dismissal and $32,000 compensation each

Four Krazy Price Mart employees said they routinely worked about 60 hours over six days while being paid for substantially fewer hours and were later dismissed when the business was sold without adequate consultation. The case combined personal grievances with extensive minimum-entitlement claims.

Matched passage: Unlawful employment premium Amit Verma also established that he had paid $8,000 for his employment.
Covid-19 Updates
3 articles

Covid-19 created fast-moving employment law issues for employers and employees. Common problems include wage subsidy pay, minimum wage compliance, vaccination policy decisions, and personal grievance risk when process is rushed or pay is changed without consent.

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Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.

Matched passage: PAYE payroll and the real nature of the relationship From around September 2024, at the suggestion of an NZSL director, Mr Graves was placed on NZSL's PAYE payroll and received fortnightly payslips.
Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: The employment was the subject of an individual employment agreement for 40 hours per week and latterly Mr Kenna was paid $38.

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