Commentary on National's proposal to remove or restrict no-win-no-fee employment arrangements and the likely access-to-justice consequences for employees who cannot fund representation upfront.
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Results for unpaid wages
Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.
Electrical Importing Co agreed Valerie Leech's core job terms and told her when to start before presenting a written employment agreement containing a 90-day trial clause. It later relied on that clause to dismiss her.
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension
CaseAuckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.
After Mr Parker succeeded in the ERA on bullying and constructive dismissal claims, Magnum Hire challenged the result in the Employment Court and sought a stay so the ERA remedies could not be enforced while the challenge was pending.
Amanda Bradley challenged FENZ's handling of her eligibility for FireSuper and the way information about that benefit was communicated after she took a newly created regional training-management role. The case focused on whether misleading or inadequate communication caused an employment disadvantage.
Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.
Four salaried union members alleged that a senior manager pressured them over strike action and delegate activity and that striking staff were temporarily denied discretionary work-from-home access. The non-publication case tested discrimination and duress protections connected with lawful union activity.
