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Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: ... vs employee: new "specified contractor" gateway test (s 6) Collective agreements: the 30-day rule is removed Trial periods: scope of the "no PG for dismissal" bar widened Practical checklist for advisers References How to work out which law applies The hard part with any ...
Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: Why Smith v Stokes Valley Pharmacy matters The best clue to how the Employment Court will handle a remedy-stripping provision is how it handled the other big remedy-stripping provision: trial periods.
George Ngatai, Whanau Ora and the Broughton ERA decision [2023] NZERA 52

Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.

Matched passage: Ms Broughton was dismissed on 30 June 2022 after 106 days of employment.
MBIE mediation opening statement: template and key points

How to prepare a concise opening statement for employment mediation that explains the chronology, the grievance, the legal position and the outcome sought without turning the opening into evidence-by-speech.

Matched passage: I eventually managed to secure a new job where my first day of fulltime work was the 2 November 2020.
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: The best evidence is usually concrete: what changed in day-to-day life, sleep, appetite, relationships, confidence, work functioning, and how long it lasted.
Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: Personal grievance time limit: most personal grievances must be raised within 90 days of the relevant action.

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