Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Results for ERA
Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.
ERA costs usually start from a daily tariff, but successful employees can seek an uplift where the employer's conduct unnecessarily increased the work, hearing time or expense of the proceeding.
What an employer can realistically recover in ERA costs after successfully defending a claim, including the daily-tariff starting point and the circumstances that can increase or reduce an award.
A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.
The steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.
Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.
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.
A plain-English map of the agencies and institutions people often mean when they search for the old 'Labour Department': Employment New Zealand, MBIE mediation, Labour Inspectorate functions and the ERA.
