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 ERA
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.
What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.
Urgent employer guidance for situations where dismissal or suspension is being considered and an immediate decision could create a personal grievance or destroy useful evidence.
A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.
How employers should prepare for MBIE employment mediation: case assessment, documents, settlement range, negotiation strategy, Calderbank offers and precise s 149 settlement terms.
