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Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

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WINZ non-entitlement stand-down after unfair dismissal: when an unfair dismissal personal grievance can help waive it

How an unfair or involuntary dismissal can affect a WINZ stand-down and why evidence of a personal grievance may be relevant when asking MSD to reconsider a non-entitlement period.

Matched passage: WINZ 13 week non-entitlement Work and Income New Zealand (WINZ) may not pay you anything for a period of time if you have voluntarily become unemployed or if you have been dismissed for misconduct.
Raheel Reddy v Studio Image Limited [2026] NZERA 323 - barber dismissed by text message after lateness and attendance issues

Barber Raheel Reddy was dismissed by text after ongoing lateness and attendance concerns. Studio Image argued he had resigned or that termination was justified, but there had been no proper disciplinary process giving him a fair opportunity to answer the concerns.

BRENNAN v STELLA 2020 LIMITED and Ors [2025] NZERA 449 - dismissal without fair process; compensation and lost wages

Ms Brennan's employment with Stella 2020 ended on 30 July 2024 without a fair disciplinary or dismissal process. The employer did not participate effectively in the ERA investigation, which proceeded on the evidence available to the Authority.

STEWART v OPEN COUNTRY DAIRY LIMITED (3265479), OPEN COUNTRY DAIRY LIMITED v STEWART (3275619) [2025] NZERA 330 - summary dismissal unjustified; 100% contribution removes lost wages

Open Country Dairy summarily dismissed Mr Stewart on the final day covered by his medical certificate after a disciplinary process. The ERA considered both the employer's process and Mr Stewart's own conduct when assessing justification and remedies.

STEWART v PULSE 2012 LIMITED t/a BROWNE ST [2025] NZERA 241 - dismissal unjustified; compensation reduced 17.5% for contribution

Pulse 2012 dismissed Mr Stewart after alleging he had prepared food for himself at the workplace while recorded as working, in a dispute that also involved allegations of theft. The ERA examined whether the evidence and disciplinary response could justify dismissal.

The Board of Trustees v LGY [2026] NZEmpC 46 - interim reinstatement upheld on de novo challenge

A school Board challenged an ERA order temporarily reinstating LGY while the employee's substantive dismissal grievance remained unresolved. The employer relied on alleged serious misconduct, loss of trust and workplace relationship concerns to resist reinstatement.

Matched passage: Why interim reinstatement was maintained The Board relied on alleged serious misconduct involving school funds and on the effect a return might have on workplace relationships and third parties.

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