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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 ...
ERA settlements and s 150A "Payment on resolution of problem": paying advocates directly and GST Invoices

How s 150A treats payments made on resolution of an employment problem, including settlements where the employer separately pays an employee's advocate against a defined GST invoice.

Matched passage: Mediation Practice Note, Topic: Recorded Settlements, Date of Issue: November 2008 (MBIE;DOL) Payments to Advocates under s 150A Payments made in breach of s 150A (i.
s 150A not applied; compliance on advocate s 149 invoice upheld (Mackey v Shearing NZ Ltd [2026] NZERA 146)

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.

Matched passage: It does not prevent parties from separately agreeing that a defined contribution to advocacy costs will be paid directly on invoice as part of a full and final mediated settlement.
90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: State the date notice is given , the last day of employment , and whether the employee is to work the notice or will be paid in lieu (only if permitted).
90 Day Trial Periods for Employers NZ | Clause, Notice and PG Risk

Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.

Matched passage: ... late; giving verbal notice where written notice is required by the agreement; failing to pay notice or final pay correctly; using the trial period to hide a discriminatory reason; making hostile comments that create a separate grievance; and assuming mediation or settlement ...

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