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![Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.
Phil Jacklin argued that Planit Software Testing's short-term incentive clause guaranteed him a 25 percent bonus paid quarterly. The employer said the scheme was discretionary, while a separate issue concerned its failure to set KPIs and eligible amounts at the beginning of the financial year as promised.
Adarsh Chand resigned from Professional Stylish Barber Shop after disciplinary warnings and employment treatment he said had destroyed the relationship. The ERA examined whether the warning was substantively and procedurally justified and whether the resulting resignation was caused by the employer's breaches.
Emily Grinsted, Bunnings' New Zealand People and Culture Manager, brought five unjustified-disadvantage claims while remaining employed. The complaints concerned how criticisms were raised, information and duties, contractual obligations and a short-term incentive bonus.
Courtney Jansen was told by an external HR consultant that BDS Chartered Accountants would end her employment under a 90-day trial, but was offered the option of resigning instead. The case turned on whether choosing resignation in the face of an announced dismissal was truly voluntary.
SAS Builders made Stephanie Martin redundant during a 2024 restructure. The central issues were whether the commercial restructure was genuine, whether the consultation was fair, and whether she should have been considered for a new role created in the business.
Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.
Delivery drivers Ziyu Xiao, Youtian Yang and Limei Liu lost access to Fast Horse's app or WhatsApp work channels after raising concerns about their work and pay. The ERA examined whether those digital cut-offs amounted to dismissals and whether the employer had also caused unjustified disadvantage beforehand.
