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Results for final pay

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Filisi Beswick v Friendly Loans Limited [2026] NZERA 436 - medical incapacity dismissal without a fair inquiry

Friendly Loans dismissed Filisi Beswick for medical incapacity less than four weeks after hospitalisation, despite updated information that her condition had improved and requests to discuss returning or working from home. The employer also deducted $2,439.09 from her final pay for a loan.

Matched passage: The loan agreement authorised weekly repayments of $100 from wages.
Steven David Mitchell v Tasman Rugby Union Incorporated [2026] NZERA 435 - CEO returned to payroll on interim reinstatement

Tasman Rugby Union dismissed chief executive Steven Mitchell after an organisational review became intertwined with later misconduct allegations. He sought interim reinstatement, arguing the process appeared predetermined and that his substantive dismissal grievance had real strength.

Matched passage: It was an immediate payroll-only reinstatement, at the salary rate applying on 20 March 2026, including a taxed back-payment from 21 March 2026 to the end of the current pay period and ongoing payments at the previous salary frequency until the substantive matter is decided.
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: However, the dismissal was still unjustified because the decision maker relied on several concerns in the final dismissal letter that had not been put to ZZP for comment before the decision was made.
Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.

Matched passage: The ERA did not finally decide whether the dismissal was unjustified.
Employment Mediation for Employers NZ | Settlement Strategy and s 149 Terms

How employers should prepare for MBIE employment mediation: case assessment, documents, settlement range, negotiation strategy, Calderbank offers and precise s 149 settlement terms.

Matched passage: ... about what claims have actually been resolved. Settlement terms may need to deal with finality, confidentiality, non-disparagement, return of property, reference wording, tax treatment, payment timing, KiwiSaver or holiday pay issues, contribution to costs, withdrawal of ...
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

Matched passage: 55 (filing fee), payable within 28 days.
Philip Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 481 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.

Matched passage: Unpaid wages and the notice-period error Mr Powell claimed payment for unpaid wages because OH & N wrongly applied annual holiday instead of paying ordinary notice wages during the notice period.

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