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Results for ERA

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Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: If you can show the employer labelled something as "serious misconduct" when it was not rational to do so, you often get leverage: leverage on justification, leverage on process, and now (post-2026) leverage on remedies.
Section 149 Settlement Agreements: Avoiding Drafting Conflicts

A drafting problem in a mediated s 149 settlement where clauses about when agreement became binding did not align with a separate requirement for mediator sign-off, creating an avoidable enforcement dispute.

Matched passage: It read as if the document could operate on a different basis, creating ambiguity about when and how the settlement became effective.
Incentivised Google Reviews and Prize Draws: Google Policy and NZ Consumer Law

How prize draws, discounts or other incentives for Google reviews can create problems under Google's review policies and New Zealand consumer law, especially where incentives are hidden or tied to positive sentiment.

Matched passage: Whether a particular review campaign breaches the Act depends on the facts and the overall impression created for consumers.
Shine Lawyers v No Win No Fee Kiwi Limited - IPONZ revocation proceeding (discontinued)

Shine Lawyers applied to IPONZ to revoke No Win No Fee Kiwi Limited's registered 'No Win No Fee Kiwi' trade mark for non-use while pursuing its own 'No Win, No Fee No Nonsense' applications. No Win No Fee Kiwi filed a counterstatement and evidence of use.

Matched passage: Section 66(1)(c) - "common name" (the claim being that the mark has become a common name in general public use).
Joyce v Ultimate Siteworks Limited [2024] NZEmpC 204 - costs, interlocutory outcomes and representative conduct

Joyce v Ultimate Siteworks concerned costs after a substantive Employment Court matter and four interlocutory disputes, including an unsuccessful sanctions application and a withdrawn request understood by the Court as contempt-like. The judgment also addressed allegations about whether representative conduct had increased the other side's costs.

Matched passage: Read more The public record: Joyce, Menzies and commentary Costs (ERA and Employment Court) Unreasonable employment lawyer costs ERA practice note on costs
Employment Advocates in the Employment Court

The debate over whether non-lawyer employment advocates should be allowed to represent parties in the Employment Court, with a focus on access to justice, existing court powers and the evidence said to support exclusion.

Matched passage: My personal experience in representing employees include having been successful in the Employment Court for clients where the employer has challenged the Employment Relations Authority's determination.
Restraint of trade in settlement agreements: why it is harder to challenge

Why a restraint of trade recorded in a negotiated settlement can be harder to attack than a restraint imposed in the original employment agreement, particularly once the settlement is certified under s 149.

Matched passage: Employee Case Form Employment law advice for employers Read more Employment mediation Employment Relations Authority (ERA) Costs (ERA and Employment Court)

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