Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for personal grievance
ZiGen Wong worked for NZAT Construction without a valid work visa and was later denied wages and employment protections on the basis that the arrangement was not lawful employment. He claimed employee status, arrears and constructive dismissal.
Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.
Gaetan Duvaux was made redundant by Mega after a selection process in which scoring and comparative information were not fully disclosed and the employee argued the outcome had effectively been chosen in advance. The business case itself was not the only issue: the fairness of selection and consultation was central.
Packaging operator Arnold Putt challenged disciplinary action by George Weston Foods after a confrontation with his production manager about task priorities. The ERA examined both the basis for a final written warning and whether shortcomings in the way the process was communicated caused a separate disadvantage.
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.
Sirikanya Pankhum was working under a six-month probation clause when Super Vape Store ended her employment by WhatsApp. A probationary arrangement did not remove the requirement for the employer to identify concerns, hear her response and use a fair dismissal process.
A Rotorua kebab restaurant recruited Rimple Rimple from India on an AEWV, with evidence that a director sought a $34,000 payment to secure the job. After visa difficulties the employer treated him as having abandoned employment and stopped providing work.
