Commentary on National's proposal to remove or restrict no-win-no-fee employment arrangements and the likely access-to-justice consequences for employees who cannot fund representation upfront.
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Results for personal grievance
In an interlocutory Employment Court judgment, TVNZ failed to establish legal advice privilege over the Robins Report, a lawyer-led review of recruitment and workplace processes. The Court also rejected broad non-publication orders based only on general privacy and reputational concerns. The substantive dispute remains unresolved.
Former Gloriavale members successfully judicially reviewed Labour Inspectorate decisions to take no further action on earlier inquiries. The Employment Court found errors concerning the Inspectorate's jurisdictional threshold, child workers, irrelevant considerations and failures to make adequate further inquiries. Remedies were left for a reconvened hearing.
Singh v McKee [2026] NZEmpC 146 - Employment Court increased PG compensation from $8,000 to $15,000
CaseThe Employment Court left the ERA's unchallenged finding of unjustified redundancy dismissal in place but increased compensation for humiliation, loss of dignity and injury to feelings from $8,000 to $15,000. The judgment is useful guidance on evidence of emotional harm and the updated compensation bands.
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.
After a customer complaint, truck driver Eric Tillocksingh was called into meetings without advance written allegations or warning that dismissal was possible. The ERA preferred his evidence that he was told to resign or be dismissed, found the process fundamentally unfair, and awarded $15,000 compensation plus $17,448.75 lost remuneration.
After 15 years as RidgeAir's Chief Pilot, Ross McCullum had his work phone disconnected and laptop removed before a meeting at which he was told the business was closing. The ERA found the employer had dismissed him, rejected the later characterisation of his departure as voluntary, and awarded lost wages, compensation and substantial holiday-pay arrears.
Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.
