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Results for final pay

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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: Orders and payments mentioned Costs: Costs considered.
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: Good faith and consultation: if redundancy is proposed, employers are expected to consult before making a final decision and to provide relevant information.
WXN v Auckland International Airport Ltd [2021] NZEmpC 205 - interim reinstatement granted on challenge

WXN, a long-serving Auckland Airport maintenance technician, lost his job after not meeting a COVID-19 vaccination requirement and sought interim reinstatement while challenging the termination. The ERA declined interim relief.

Matched passage: The order contemplated a period of paid leave and then unpaid leave pending further determination, rather than immediate physical return to the workplace.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: The constructive-dismissal finding and substantive awards remained payable.
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Matched passage: Ms Kennedy had taken active steps through Work and Income to arrange payment and enrolment, but payment delays meant she could not attend the May course and instead secured a June date.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: Lost wages and the Work and Income point Ms Scott sought payment of the difference between what she would have earned at Ritchies and what she received from Work and Income as Jobseeker Support over the 13 weeks following dismissal.
Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.

Matched passage: Xero was ordered to pay two weeks' lost remuneration, the ERA filing fee and $16,000 compensation after a 20 percent reduction for contribution.
Hao v South Pole IP Holding (NZ) Limited [2025] NZERA 245 - pressure to resign caused constructive dismissal

South Pole treated Xinhua Hao as having agreed to resign, despite his repeated denials, then withheld work and continued pressing the resignation dispute. The ERA found those actions caused an unjustified constructive dismissal.

Matched passage: The Authority ordered $4,920 wages for that period and $8,200 for five weeks of annual leave.

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