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Results for ERA

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"No win, no fee" politics: what National proposed and what it would mean

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.

Matched passage: ... resolution process National: overly burdensome employment law and red tape When you look at Employment Relations Authority decisions within the first roughly four years that the ERA was created in 2000, you will notice that many of its decisions were short and to the point, ...
LMN v STC [2026] NZEmpC 137 - unauthorised reference checks and medical leave caused unjustified disadvantage

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.

Matched passage: ... Judge M S King Judgment date: 6 July 2026 Type of proceeding: de novo challenge Underlying ERA determination: [2024] NZERA 283 Successful grievances: unauthorised reference contacts; handling of medical certificates / leave Compensation: $5,000 Most other claims: unsuccessful ...
Employment Services Limited v Resink [2026] NZEmpC 186 - constructive dismissal upheld

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.

Matched passage: Relationship to the ERA decision: Employee result upheld.
Received a Personal Grievance from an Employee?

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.

Matched passage: Mediation and ERA defence If the matter goes to mediation, the employer should attend with a clear theory of the case, a document bundle, a settlement range, and an understanding of the weaknesses.
Urgent Employment Law Advice for Employers NZ | Dismissal and Suspension

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.

Matched passage: ... issue into frustration or dismissal without proper notice, medical information, and consideration of whether delay is manageable. Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - management conduct can become the emergency Atkins is a warning for employers where the urgent ...
Dismissal and Disciplinary Process for Employers NZ | Misconduct and Warnings

A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.

Matched passage: ... preparing responses to Personal Grievances; and representing employers in mediation or the Employment Relations Authority. Misconduct and serious misconduct Employers often treat serious misconduct as if it automatically justifies dismissal. It does not. The employer still ...
Employment Mediation for Employers NZ | Settlement Strategy and s 149 Terms

How employers should prepare for MBIE employment mediation: case assessment, documents, settlement range, negotiation strategy, Calderbank offers and precise s 149 settlement terms.

Matched passage: That may include preserving documents, preparing for the Employment Relations Authority, making a later without prejudice offer, narrowing issues, or considering whether a further mediation is worthwhile.

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