ClickCease

Results for unpaid wages

Showing 185-192 of 360 results
Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

Continue
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: PENALTY RATES Overtime worked on Saturday, Sunday and public holidays must be paid for at a rate of 1.
LMN v STC [2026] NZEmpC 137 - unauthorised reference checks and medical leave caused unjustified disadvantage

The Employment Court found two unjustified disadvantages in a long-running school employment dispute: former employers listed on LMN's CV were contacted without authority while her grievances were being investigated, and medical certificates were not properly recognised when dealing with her leave. Most of LMN's wider claims failed.

Matched passage: The point is fact-specific, but it reinforces a basic rule: once an employer receives relevant medical certification, it must genuinely consider it before deciding whether an absence is unpaid, unauthorised or otherwise disadvantageous to the employee.
Suspension from Work
9 articles

Suspension is a serious step, not a punishment. An employer ordinarily needs a proper reason and fair process, and the suspension should last no longer than reasonably necessary for the investigation or risk being managed.

Continue
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: However, Mr Rhodes was receiving ACC income compensation at 80 percent of his pre-incapacity earnings and had exhausted his paid leave.
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.
Emma Baldwin v RJ Hospitality Solutions Limited [2026] NZERA 413 - unilateral roster changes after parental leave

Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.

Matched passage: No dismissal: final-pay error and withdrawal of labour Ms Baldwin also claimed that she may have been dismissed before starting parental leave because her September 2024 payslip referred to a final pay and paid out leave-related entitlements.
John Pio v Strautmann Hopkins [2026] NZERA 164 - genuine redundancy but rushed consultation made dismissal unjustified

Regional sales manager John Pio was made redundant after Strautmann Hopkins lost the distribution licence underpinning its business. The redundancy had a genuine commercial basis, but Pio was given little warning, very limited time to seek advice and no meaningful opportunity to explore transfer or redeployment.

Matched passage: Reimbursement of lost wages Mr Pio seeks an award of at least 6 months lost wages and up to 12 months.

Browse topics