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Results for unjustified disadvantage

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WRW v MCCARTHY ENTREPREISES LIMITED [2025] NZERA 452 - employer conduct caused constructive dismissal; no lost wages

WRW resigned after McCarthy Enterprises proposed changes to her work and the relationship deteriorated. The ERA had to decide whether the employer's conduct was sufficiently serious and causative to convert that resignation into a constructive dismissal and whether any wage loss was proved.

Matched passage: 00 for the unjustified dismissal and additional compensation for an unjustified disadvantage personal grievance.
Employment Law Help for Employers NZ | Staff Disputes, PGs and ERA Claims

Employer-side help for personal grievances, disciplinary problems, redundancy, mediation and ERA claims, with an emphasis on fixing process risks early and preserving evidence before positions harden.

Matched passage: Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - workplace conduct can become both dismissal and disadvantage risk Atkins is useful because it shows how poor workplace behaviour by management can create multiple problems.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Employment Relations Act 2000, s 103A - the response should answer the statutory test If the grievance alleges unjustified dismissal or unjustified disadvantage, the employer's response should be organised around s 103A.
Workplace investigations in New Zealand: what "fair and reasonable" looks like

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.

Matched passage: Personal grievances and the objective test (ss 103 and 103A) Most investigation disputes show up as personal grievances for unjustified dismissal, or unjustified disadvantage.
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: If an employee is not paid any wages while the employer receives the wage subsidy, the employee can bring a personal grievance for unjustified disadvantage and claim their wages in this way.
Disciplinary Meetings and Investigations
7 articles

Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.

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