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Poor accounting in the ERA: Menzies v Corrigan and the liquidator disclosure problem with Catherine Stewart Barrister

This article examines how disputed accounting material in Menzies v Corrigan moved from a liquidator's reference to 'excessive drawings' into evidence used in proceedings seeking personal compliance orders against a company director. It also traces later disclosure issues involving material routed through Catherine Stewart Barrister's office.

Matched passage: In separate disciplinary findings, she was struck off after conduct described as a "complete dereliction of duty": effectively renting out her licence to a person who did not meet the "fit and proper" test for RITANZ membership, a requirement for holding a liquidator's licence.
EMA's case for regulating employment advocates is not evidence-led

A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.

Matched passage: Likewise, a high opening demand does not by itself establish misconduct.
No Win No Fee Employment Lawyer NZ | Personal Grievance & Dismissal Help

Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.

Matched passage: ... no win no fee employment lawyer? If you have been dismissed, made redundant, put through a disciplinary process or treated unfairly at work, you may be looking for an employment lawyer on a no win no fee basis because paying substantial professional fees upfront is difficult ...
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: Employers should not assume that an old CV or reference list authorises fresh contact for a disciplinary or grievance purpose.
Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.

Matched passage: There was no disciplinary or redundancy process, no consultation, no opportunity to respond and no fair notice of an employment decision.
Eric Paul Tillocksingh v Driver Employment Limited [2026] NZERA 663 - resign or be dismissed ultimatum was an unjustified dismissal

After a customer complaint, truck driver Eric Tillocksingh was called into meetings without advance written allegations or warning that dismissal was possible. The ERA preferred his evidence that he was told to resign or be dismissed, found the process fundamentally unfair, and awarded $15,000 compensation plus $17,448.75 lost remuneration.

Matched passage: A fair disciplinary process requires clear allegations, notice of the possible consequences and a genuine opportunity to respond before a decision is made.
Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Matched passage: Underpayment and summary dismissal ERA Home did not provide the employment on the agreed terms, did not pay Mr Yang at the contractual hourly rate or in the agreed manner, and ended his employment without a disciplinary or dismissal process.
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Matched passage: The conduct could amount to serious misconduct The Authority did not minimise the safety issue.

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