Employment Law

The Employment Court dismissed Edgecumbe Supermarket's de novo challenge and upheld the ERA awards in favour of Mrs Petersen. The Court found that the employer's conduct reasonably led her to believe she had been dismissed and that the suspension itself amounted to an unjustified dismissal.

The Employment Court overturned an ERA finding that Pact Group had justifiably dismissed Roseanne Sheridan for medical incapacity. The Court held the employer moved too quickly after a workplace-related PTSD injury, failed to wait for specialist information and did not properly engage with rehabilitation and return-to-work options.

The Employment Court overturned the ERA's finding that Bigson Gumbeze had been justifiably dismissed for serious misconduct. The Court held the dismissal substantively unjustified and awarded one year's salary and $35,000 compensation. A Court of Appeal hearing is scheduled for August 2026.

Magnum Hire sought a stay of execution after Parker's major ERA bullying and constructive dismissal win. The Employment Court refused the stay, meaning the ERA remedies remained enforceable while the challenge continued.

The Employment Court reversed an ERA interim decision and reinstated DQJ to the Inland Revenue payroll while her substantive dismissal grievance continued. The judgment was expressly provisional and did not decide the final merits.

The Employment Court reversed an ERA decision declining interim reinstatement for an Auckland Airport employee whose employment ended after he did not meet a COVID-19 vaccination requirement. The Court granted interim reinstatement while the substantive dispute continued.

The Employment Court overturned the ERA's finding that Russell Kinzett had been unjustifiably dismissed by Fire and Emergency New Zealand. The Court rejected the weight the Authority placed on FENZ not suspending him and held that a measured alternative to suspension did not undermine the seriousness of the misconduct concerns.

PR Kahlon Limited had genuine and well-documented concerns about delivery driver Mandeep Singh's performance, but knew English was a significant barrier and still communicated critical performance and disciplinary information in English rather than Punjabi. The ERA found he did not receive a clear and reasonable opportunity to respond, making his dismissal and suspension unjustified. After a 25 percent contribution reduction, PR Kahlon was ordered to pay $934.29 suspension wages, $10,121.48 lost remuneration, $13,500 compensation and the filing fee.