A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.
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Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.
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.
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.
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.
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.
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.
Joyce v Ultimate Siteworks concerned costs after a substantive Employment Court matter and four interlocutory disputes, including an unsuccessful sanctions application and a withdrawn request understood by the Court as contempt-like. The judgment also addressed allegations about whether representative conduct had increased the other side's costs.
