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Results for final pay

Showing 33-40 of 223 results
LIEN v HUYNH [2025] NZERA 70 - trial-period defence fails; dismissal and underpayment grievance succeed

Ms Lien was dismissed from a nail salon after allegations about outside work and later criticism of her performance. The employer also relied on a 90-day trial defence and disputed wages, although the alleged performance concerns had not been properly raised during employment.

Matched passage: Decision markers The Authority found that the failure to pay wages in full and when due was unjustified and disadvantaged Ms Lien in the terms and conditions of her employment.
s 150A not applied; compliance on advocate s 149 invoice upheld (Mackey v Shearing NZ Ltd [2026] NZERA 146)

After a settlement recorded under s 149, Shearing NZ resisted compliance with payment obligations and pursued confidentiality-related penalties against Ms Mackey and allegations that her advocate had aided or procured a breach. The dispute therefore combined enforcement of the settlement with an attempted expansion of liability to the employee's representative.

Matched passage: It does not prevent parties from separately agreeing that a defined contribution to advocacy costs will be paid directly on invoice as part of a full and final mediated settlement.
90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: State the date notice is given , the last day of employment , and whether the employee is to work the notice or will be paid in lieu (only if permitted).
Emily Barr v Brooker Travel Limited [2026] NZERA 651 - bullying complaint failures led to constructive dismissal

Emily Barr complained about repeated belittling and dismissive treatment by her manager. Brooker Travel obtained an external investigation but then failed to adequately protect her, disclose the final report or provide a workable return-to-work plan. The ERA found unjustified disadvantage and constructive dismissal, awarding $20,000 compensation and six months' lost wages with associated entitlements.

Matched passage: 56 gross lost wages, plus $1,319.
Mandeep Singh v PR Kahlon Limited and Satpal Singh [2026] NZERA 521 - performance dismissal failed because employee was not fairly heard

PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.

Matched passage: The employment agreement required suspension to be on full pay, yet the final payslip recorded no ordinary hours for that week.
Rachel Hankins v Huhtamaki Henderson Limited [2026] NZERA 379 - valid fixed term but unjustified early termination

Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.

Matched passage: Telling an employee to return all property, removing system access, stating there is no further work, and discussing final pay can collectively amount to dismissal even where a final payment will still be made through the scheduled end date.
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: Final payslip: Gokula must provide a final payslip setting out company details, Mr Jowitt's employment period, gross earnings, each component of pay, deductions and net payments.

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