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Results for redundancy

Showing 65-71 of 71 results
CALLEN v ALARON PRODUCTS LIMITED [2025] NZERA 165 - dismissal grievance allowed; compensation and lost wages awarded

Mr Callen's unjustified-dismissal grievance against Alaron Products was not formally filed in the Authority until after the ordinary 90-day raising period had become an issue. The case addressed whether the grievance could nevertheless proceed and what remedies followed from the dismissal claim.

Matched passage: Further and crucially, a worker must be afforded an opportunity to comment on any redundancy proposal prior to a decision being finalised.
KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132 - dismissal unjustified; investigation disadvantages justified

Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.

Matched passage: Practical takeaways Redundancy determinations usually turn on genuineness and consultation quality.
PAYNE and Ors v CHIEF EXECUTIVE OF THE MINISTRY FOR PRIMARY INDUSTRIES and Anor [2025] NZERA 79 - Preliminary strike-out (settlement/estoppel) issues

A group of MPI employees sought to pursue claims arising from roster and restructure changes despite earlier litigation and a mediated settlement. The preliminary determination addressed whether the claims were barred by the certified settlement, estoppel or the Authority's jurisdiction.

Matched passage: After that, They continue through a restructure proposal and decision by MPI, subsequent PSA legal action and a settlement agreement reached.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: The judgment is also useful where the employee remains technically employed but is made functionally redundant within the workplace.
Mereana Kennedy v Remarkable People Limited [2026] NZERA 296 - account manager constructively dismissed after employer failed to properly respond to safety concerns about candidate; $20,000 compensation ordered

Mereana Kennedy resigned from Remarkable People after repeated unwanted communications from a candidate created safety concerns and the employer's protective arrangements failed to resolve the problem. She alleged the employer did not properly investigate or respond when the safety plan proved ineffective.

Matched passage: After a restructure, Ms Kennedy was effectively left as the person in the branch dealing with candidates, while her colleague Josh Laird worked out his notice period and then left.
Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

Phil Jacklin argued that Planit Software Testing's short-term incentive clause guaranteed him a 25 percent bonus paid quarterly. The employer said the scheme was discretionary, while a separate issue concerned its failure to set KPIs and eligible amounts at the beginning of the financial year as promised.

Matched passage: Planit was undergoing an international restructure, and KPIs and eligible amounts were not set at the start of his employment.
Robert Tunnicliffe v Solly's Freight (1978) Limited [2026] NZERA 91 - dismissed over limited-licence application; dismissal unjustified

Robert Tunnicliffe could not perform his ordinary driving duties and Solly's Freight placed him on alternative work while a limited-licence issue was being worked through. The relationship deteriorated over who should progress and pay for the licence application, and Solly's dismissed him on 24 April 2024.

Matched passage: He replied that due to the stress of being made redundant from his former employer following the sale of that company, he had forgotten.

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