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Results for 90 day trial

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Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: The letter called Mr Kenna into a meeting two days later, offered him a paid day to prepare, and reminded him of his right to representation.
Adam Gifford v Uma Broadcasting Limited [2026] NZERA 96 - redundancy unjustified for consultation failures and no redeployment discussion; $24,230 lost wages, $19,000 compensation, $1,500 penalty

After 18 years at Radio Waatea, senior journalist and editor Adam Gifford was selected for redundancy in a restructure merging English and Māori newsroom functions. The employer had genuine business reasons but did not fairly disclose key proposal information, clearly identify his role as at risk or consult over redeployment.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Robert Tunnicliffe v Solly's Freight (1978) Limited [2026] NZERA 91 - dismissed over limited-licence application; dismissal unjustified

Robert Tunnicliffe could not perform his ordinary driving duties and Solly's Freight placed him on alternative work while a limited-licence issue was being worked through. The relationship deteriorated over who should progress and pay for the licence application, and Solly's dismissed him on 24 April 2024.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
LJB v EBD [2026] NZERA 78 - resigned employee sent home mid-notice with no process; dismissal unjustified; $16,500 compensation plus $9,000 penalties for withheld wages and missing time records

LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.

Matched passage: ... wages, to be calculated using the civil debt interest calculator, from 27 April 2024 (the day after what would have been LJB's last day) until the date the employer actually paid the withheld wages (stated as 12 November 2025 ). The Authority globalised penalties for the two ...
Kyle Spencer v Modern Transport Engineers Limited [2026] NZERA 60 - dismissal unjustified due to non-minor process defects; $12,000 compensation and employer damages offset

Modern Transport Engineers had evidence capable of supporting serious-misconduct concerns against Kyle Spencer, while also counterclaiming for unauthorised private work and purchases. However, it stood him down early, relied on undisclosed staff discussions and ran a process carrying signs of predetermination.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Yifu Jiang v Smartrade Limited [2026] NZERA 56 - fixed-term clause held unlawful; unjustified dismissal; $15,600 lost wages and $12,000 compensation

Smartrade treated Yifu Jiang's employment as ending under a one-year fixed-term clause, but the agreement did not record genuine reasons satisfying s 66. Mr Jiang was also given no meaningful chance to comment before the employer ended the relationship.

Matched passage: Key orders: $15,600 gross lost wages and $12,000 compensation (payable within 21 days of the determination date).
Lillian Shorter v Waiheke Island Supported Homes Trust [2026] NZERA 54 - summary dismissal for alleged sleeping on night shift held unjustified; six months lost wages ordered and $18,750 compensation

Lillian Shorter was summarily dismissed by Waiheke Island Supported Homes Trust after covert video showed her sleeping during night shifts. She said night workers had a recognised practice of sleeping during combined breaks and challenged both the investigation and the unequal treatment of staff.

Matched passage: Good faith) Orders and remedies The Authority's orders included: Within 28 days, the respondent must pay six months gross lost wages, plus 8% holiday pay on that amount, plus the employer's KiwiSaver contributions, less a 25% reduction for contribution.
Jasmine Woollett v Commissioner of Police [2026] NZERA 53 - Fiji deployment recall and unfair process; $21,000 compensation

Senior Sergeant Jasmine Woollett challenged decisions surrounding her Fiji deployment, including her recall and the process Police used after her working relationship with a deployment manager deteriorated. Her claim was for unjustified disadvantage rather than dismissal.

Matched passage: Remedies and orders The Authority made the following key orders (payable within 28 days): Police must pay $21,000 compensation for humiliation, loss of dignity, and injury to feelings (within 28 days).

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