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Results for ERA
![STL Linehaul Ltd v Waters [2022] NZEmpC 114 - employer challenge unsuccessful](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
STL Linehaul challenged an ERA determination that had found Leo Waters' redundancy unjustified and awarded him remedies. The Employment Court proceeding tested whether the employer could overturn that employee-side outcome and the amounts flowing from it.
Roseanne Sheridan developed PTSD after a serious threat from a resident at work and was dismissed for medical incapacity about six months later. Specialist ACC information and rehabilitation planning were still developing, and a return-to-work process had not been completed.
In an interlocutory Employment Court judgment, TVNZ failed to establish legal advice privilege over the Robins Report, a lawyer-led review of recruitment and workplace processes. The Court also rejected broad non-publication orders based only on general privacy and reputational concerns. The substantive dispute remains unresolved.
The Employment Court left the ERA's unchallenged finding of unjustified redundancy dismissal in place but increased compensation for humiliation, loss of dignity and injury to feelings from $8,000 to $15,000. The judgment is useful guidance on evidence of emotional harm and the updated compensation bands.
WXN, a long-serving Auckland Airport maintenance technician, lost his job after not meeting a COVID-19 vaccination requirement and sought interim reinstatement while challenging the termination. The ERA declined interim relief.
The Employment Court found two unjustified disadvantages in a long-running school employment dispute: former employers listed on LMN's CV were contacted without authority while her grievances were being investigated, and medical certificates were not properly recognised when dealing with her leave. Most of LMN's wider claims failed.
Employment Services pursued serious-misconduct allegations without adequately identifying them or providing requested information. Its unagreed visit to Frank Resink's home to recover a company vehicle became the last straw in continuing breaches of good faith.
Surplus Brokers argued that Neil Armstrong had abandoned his employment, rather than being dismissed, after an absence and breakdown in communication. The case examined what an employer must establish before treating employment as ended by abandonment.
