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The public record: Joyce, Menzies and commentary about employment advocates

A record-based response to commentary about Joyce v Ultimate Siteworks, Menzies v Corrigan and employment advocates, separating what the judgments actually decided from disputed characterisations and matters that remain unresolved.

Matched passage: The Authority also made an order requiring Mr Menzies to pay, or take steps to put the company in funds to pay, an award made against the company.
Urgent Employment Law Advice for Employers NZ | Dismissal and Suspension

Urgent employer guidance for situations where dismissal or suspension is being considered and an immediate decision could create a personal grievance or destroy useful evidence.

Matched passage: The employer should usually make reasonable attempts to contact the employee, ask for an explanation, check whether there is illness or some other issue, and avoid jumping to a final termination decision too early.
Employment lawyer fees: avoiding unreasonable costs when defending a personal grievance

Employer-side guidance on controlling representation costs in a personal-grievance defence and understanding the gap between a lawyer's invoice and the costs normally recoverable in the ERA.

Matched passage: The parties had not attended an investigation meeting; they were at the final stages of exchanging witness statements and documents.
Unjustified redundancy: when redundancy becomes an unfair dismissal personal grievance

When a genuine business restructure can still result in an unjustified redundancy dismissal because consultation, disclosure, selection, redeployment or the final decision was not fair and reasonable.

Matched passage: The outcome in Judge Holden's judgment of 28 June 2022 was to order STL Linehaul to pay the full $17,000 compensation and the contribution to Mr Waters costs awarded by the ERA to the amount of $9,071.
Costs in the Employment Relations Authority: practice note, daily tariff, and uplifts explained

The ERA costs practice note explained: the $4,500 first-day and $3,500 subsequent-day tariff, when adjustments are made, and how conduct and settlement offers can affect the final award.

Matched passage: ... disputes about the application, interpretation or operation of a collective agreement; pay equity processes; screen industry processes; fair pay agreement processes; collective bargaining disputes; disputes about access to workplaces; and fixing of the terms of a ...
Employment Relations Authority NZ: ERA Investigation Meeting Guide

A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.

Matched passage: Common ERA claims include unjustified dismissal , unjustified disadvantage , unpaid wages or holiday pay, breaches of employment agreements, compliance issues, penalties and other employment relationship problems.

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