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Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Case
Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand Unjustified Disadvantage Disciplinary Meetings and Investigations Suspension from Work

Remedies Lost remuneration Mr Pilcher sought a much longer lost wages period (including commission), but the ERA moderated the award.

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Unfair Dismissal 20 Redundancy 38 Personal Grievance 16 Unjustified Disadvantage 80 90 Day Trial Period 26 Constructive Dismissal 31 Disciplinary Process 7 Workplace Bullying 4 Medical Incapacity 7 Employment Mediation 7

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Dismissal & Job Loss

Unfair Dismissal 20 Redundancy 38 Constructive Dismissal 31 90 Day Trial Period 26 Medical Incapacity 7

Employment Terms & Leave

Probationary Periods 6 Casual Employment 9 Holidays Act 11

Problems at Work

Personal Grievance 16 Unjustified Disadvantage 80 Disciplinary Process 7 Suspension from Work 9 Performance Management 5 Workplace Bullying 4

Getting Help

Employment Mediation 7 Employment Lawyers & Advocates 13 No Win No Fee 6

ERA & Employment Court

Employment Relations Authority 3 ERA & Court Costs 7 Employment Court 10

Cases, News & Commentary

Unfair Dismissal Cases 228 Employment Court Cases 11 Special Interest Cases 4 Employment Law News & Opinion 18 Covid-19 Updates 3