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Results for dismissal process

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PAYNE and Ors v CHIEF EXECUTIVE OF THE MINISTRY FOR PRIMARY INDUSTRIES and Anor [2025] NZERA 79 - Preliminary strike-out (settlement/estoppel) issues

A group of MPI employees sought to pursue claims arising from roster and restructure changes despite earlier litigation and a mediated settlement. The preliminary determination addressed whether the claims were barred by the certified settlement, estoppel or the Authority's jurisdiction.

Matched passage: Ultimately, PSA Meeting Minutes of 30 June 2021 refer to the legal team's view that MPI can move staff legally under the change process.
KNOX v RECRUIT IT GROUP LIMITED [2025] NZERA 4 - redundancy rationale and consultation failed scrutiny

Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.

Matched passage: At a glance Citation: [2025] NZERA 4 Registry: Wellington Parties: KNOX v RECRUIT IT GROUP LIMITED Authority member: Davinnia Tan Hearing date: 13 November 2024 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
Workplace Bullying
4 articles

Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.

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Employment advocates: what we do in mediation, the ERA, and Employment Court

What employment advocates actually do for employees and employers in mediation, ERA investigations and Employment Court litigation, including case assessment, evidence, negotiation and representation.

Matched passage: Employment Law Advocates We are resolution focussed and we often offer a no win no fee service to employees in taking their unfair dismissal cases forward.
How "no win, no fee" works in employment disputes: fees, risks, and exit clauses

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.

Matched passage: Employment Dispute Resolution Process and Risks The issues can be settled at any time during the process by agreement with the employer.
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: As you know your story better than anyone else, the more effort you put into writing your own opening statement, the more you will get out of mediation and this process.
Menzies v Corrigan [2026] NZEmpC 151 - late challenge refused, substantive issues remain unresolved

Mr Menzies sought to challenge an ERA compliance outcome arising from remedies originally ordered against a company that later entered liquidation. The background raised disputed accounting, disclosure, separate-legal-personality and recovery issues, but the challenge itself was filed substantially out of time.

Matched passage: A company debt does not automatically become a director's personal debt, and money introduced into a company in liquidation is ordinarily subject to the liquidation process and statutory creditor priorities.
Employment Court procedure: competence problems are not confined to advocates

Employment Court procedural failures are sometimes attributed to non-lawyer advocates, but this article examines reported examples showing that competence and compliance problems can also arise with lawyers and represented parties.

Matched passage: There was then a partial strike-out application concerning the way Mr Joyce's dismissal claim had been pleaded.

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