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Results for lost wages

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WXN v Auckland International Airport Ltd [2021] NZEmpC 205 - interim reinstatement granted on challenge

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.

Matched passage: The order contemplated a period of paid leave and then unpaid leave pending further determination, rather than immediate physical return to the workplace.
Unfair Dismissal (Unjustified Dismissal)
21 articles

An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.

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Colin Bradshaw v Ocean To Alps Removal & Storage Limited [2025] NZERA 636 - dismissal claim failed, but unjustified disadvantage upheld; $15,000 compensation and wage arrears

Colin Bradshaw claimed he was dismissed after a confrontation during a removal job and a related pay dispute with Ocean To Alps. The ERA had to separate the alleged termination from the employer's subsequent handling of the incident, communications and unpaid hours.

Matched passage: Wage arrears Wage arrears: The Authority found the employee worked 49 hours for the week ending 21 April 2024, was paid for 40 hours, and was owed 9 hours wages.
Limei Wang v Serenity Float Clinic Limited [2025] NZERA 599 - redundancy without consultation despite insolvency

Limei Wang was made redundant by Serenity Float Clinic while the business was in serious financial difficulty. The issue was not whether insolvency pressures were real, but whether those pressures excused the employer from consulting with her before deciding that her employment would end.

Matched passage: The Authority concluded the evidence showed Charl Eksteen was the decision-maker who decided to stop paying wages and holiday pay.
Todd Dormer v Rhino-Rack New Zealand Limited [2026] NZERA 353 - ambiguous commission clause, Sales Commission Scheme, and unjustified disadvantage

Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.

Matched passage: Rhino-Rack was ordered to pay $14,000 compensation.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: Claims for reimbursement/lost remuneration and costs were reserved for later determination.
Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned

Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.

Matched passage: The Employment Court's approach The Employment Court disagreed with treating non-suspension as strong evidence that trust and confidence had not been lost.
Employment Mediation for Employers NZ | Settlement Strategy and s 149 Terms

How employers should prepare for MBIE employment mediation: case assessment, documents, settlement range, negotiation strategy, Calderbank offers and precise s 149 settlement terms.

Matched passage: ... terms are needed; whether a reference or record of employment will be offered; what payment amount is commercially acceptable; and who at the employer has authority to settle. Settlement does not just mean the number Employers often focus on the settlement payment. The ...

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