Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
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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.
Constructive dismissal claims arise when an employee resigns because of sufficiently serious employer conduct. This guide explains the legal tests, evidence to preserve, and why resigning too quickly can weaken a good case.
The legal and practical steps before dismissing for medical incapacity, including reliable medical information, consultation, prognosis, reasonable time to recover and consideration of alternatives or rehabilitation.
Two resignation-letter approaches are explained: an ordinary amicable resignation and a resignation that records the employer conduct relied on for a possible constructive-dismissal grievance.
Evidence checklist for an unjustified-dismissal or personal-grievance case: agreements, letters, texts, meeting records, rosters, pay evidence, medical material, job-search records and a reliable chronology.
How no-win-no-fee employment advocacy works in practice: what counts as success, success fees, disbursements, settlement choices and the clauses clients should examine before signing.
A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.
After a settlement recorded under s 149, Shearing NZ resisted compliance with payment obligations and pursued confidentiality-related penalties against Ms Mackey and allegations that her advocate had aided or procured a breach. The dispute therefore combined enforcement of the settlement with an attempted expansion of liability to the employee's representative.
