What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.
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Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.
Matched passage: Directors can be personally exposed for minimum standards arrears: unpaid wages and holiday pay can be pursued under ss 142W and 142Y if the director is "involved in the breach".
Redundancy
Topic38 articles
Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
Constructive Dismissal
Topic33 articles
A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.
Unjustified Disadvantage
Topic84 articles
Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.
246 articles
New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.
17 articles
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.
How to prepare a concise opening statement for employment mediation that explains the chronology, the grievance, the legal position and the outcome sought without turning the opening into evidence-by-speech.
Matched passage: I eventually managed to secure a new job where my first day of fulltime work was the 2 November 2020.
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