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Employment Relations Authority NZ: ERA Investigation Meeting Guide

A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.

Matched passage: Case management The Authority may hold a case management conference, clarify the issues, consider mediation and set directions for documents, witness statements and the investigation meeting.
Constructive Dismissal
33 articles

A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified dismissal.

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Unjustified Disadvantage
84 articles

Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.

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Unjustified redundancy: when redundancy becomes an unfair dismissal personal grievance

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.

Matched passage: Download File: STL LINEHAUL LTD v WATERS [2022] NZEmpC 114 Read more Redundancy Unfair dismissal Employment mediation Employment Relations Authority (ERA) The fastest way is to submit the case form with a short timeline and key documents.
Constructive dismissal: when resignation becomes an unfair dismissal personal grievance

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.

Matched passage: Read more Letter of resignation Unfair dismissal Employment mediation Settlements and compensation Where an employer is going to dismiss an employee but offers that the employee can resign, the employee can often take this approach with our help: Do not resign.
No Win No Fee
6 articles

No Win No Fee employment advocacy means you usually do not pay professional fees upfront. Suitable employee cases are assessed on merit, evidence, likely recovery and whether the matter can be run commercially under the engagement terms.

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Medical incapacity dismissal: fair process and reasonable timeframes

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.

Matched passage: Document the process: letters, meeting notes, and the timeline often decide the outcome if the dispute goes to mediation, the ERA, or Court.
Resignation letter: how to write it safely for a constructive dismissal case

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.

Matched passage: ... personal attacks. Constructive dismissal - do not resign Constructive dismissal Employment mediation Constructive dismissal resignation If you intend to raise a Personal Grievance (PG) for constructive dismissal, your resignation letter should set out a clear complaint and the ...

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