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Results for dismissal process

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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: ... whether the employer was obstructed by the employee from taking one of the usual "fair process" steps (the existing s 103A(3)(a)-(d)) or any other relevant step considered under s 103A(4). Process defects: s 103A(5) is tightened. The Authority/Court must not find ...
GXQ v NMK [2025] NZERA 772 - name suppression and non-publication order refused; open justice prevailed

Before the substantive employment dispute in GXQ v NMK was determined, NMK sought permanent name suppression and a broad non-publication order. The application required the ERA to balance claimed personal consequences against the normal principle that Authority proceedings and determinations are open to the public.

Matched passage: Open justice is the default: transparency is a strong factor, particularly where decisions concern employment rights and public process.
SUTTER v LIVING WATERS MEDICAL SOLUTIONS LIMITED [2025] NZERA 485 - predetermined redundancy; compensation and lost wages

Living Waters told practice nurse Ms Sutter at a catch-up meeting that her role was being made redundant. The ERA examined whether the claimed business rationale was genuine and whether any real consultation occurred before the decision was effectively made.

Matched passage: Conclusion Looking objectively at the process Living Waters followed, The Authority concluded Ms Sutter's redundancy was not procedurally fair.
STILLMAN v BROTHER COFFEE LIMITED [2025] NZERA 239 - genuine redundancy but consultation unfair

Brother Coffee closed its cafe and made Ms Stillman redundant. The ERA accepted there were genuine commercial and personal reasons to close but examined when the decision was actually made and whether consultation occurred before the outcome became fixed.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
HILL v TAMAKI LABOUR HIRE LIMITED [2025] NZERA 100 - personal grievance partly successful; remedies limited to proven breaches

Mr Hill challenged the ending of his employment with Tamaki Labour Hire and associated treatment during the employment relationship. The case required the ERA to separate the parts of his grievance that were established from claims for which the evidence did not justify relief.

Matched passage: ... date: 21 February 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, Tamaki further ...
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

Matched passage: It is not a re-hearing of the underlying dismissal dispute.
Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

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Wenpeng Yu v Golden Rooster NZ Trading Ltd [2026] NZERA 699 - one week employee was dismissed, not an abandonment

Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.

Matched passage: Key point: an employer cannot convert a dismissal into abandonment merely by describing it that way later.

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