The ERA found the employer (through a director) sought a $34,000 premium to secure the job, breaching s 12A Wages Protection Act, and imposed a $16,000 penalty.
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Results for ERA
The ERA accepted the redundancy was genuine and the dismissal was substantively justified, but found significant good faith/consultation defects - including failure to proactively disclose information.
The ERA found the employer had not provided adequate POS and legal process training, yet relied on KPI results, and then terminated employment out of the blue by.
... after a restructure merging English and Maori newsroom functions. The ERA accepted the restructure had genuine business reasons, but held the redundancy dismissal unjustified because key proposal information was not ...
The ERA held this was a dismissal at the employer's initiative (a 'sending away'), not an agreed early finish, and the employer could not.
The ERA found the trial clause was not in the signed agreement (only a probation clause), so the employee could bring an unjustified dismissal claim.
The ERA found the employer did not investigate properly or give either employee a real opportunity to respond.
The ERA held the employee's dismissal was unjustified because the disciplinary process had significant defects, including an early stand-down before ...
