We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. This blog discusses common and relevant issues in New Zealand employment law.
![Courtney Jansen v BDS Chartered Accountants Limited [2026] NZERA 230 - 90 day trial phone termination + resignation option led to unjustified constructive dismissal; $7,000 compensation](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
An administrator was told by an external HR consultant that her employment would be ended under a 90 day trial, then given the option to resign instead. The ERA held she resigned, but the resignation was a constructive dismissal because it was a choice between resignation and dismissal.
The Authority made monetary and/or other orders. SAS Builders Limited (SAS) commenced a restructure in September 2024, which resulted in the termination of Stephanie Martin's employment. Ms Martin claimed the restructure process that... Key amounts include lost wages / arrears of $4,872.00, $71.55.
A parcel courier driver was treated by the company as an independent contractor, but the ERA found the real relationship was employment due to app-based control, penalties and lack of genuine independence. After the driver was bitten by a dog and applied to ACC, the manager pressed him to...
Three courier/warehouse workers were found to be employees in an earlier preliminary decision. In this follow-up, the ERA held two drivers were unjustifiably dismissed when they were blocked from the dispatch app after one complained about a manager's verbal abuse, and a third worker was...
A registered nurse on the West Coast was treated as a casual after moving between roles and locations. While a dispute about his status was still unresolved, Health NZ stood him down to investigate clinical practice concerns and stopped paying him after a short period. The ERA held the real...
A labourer worked regular 7am-5pm hours at $25/hour but was not paid for 17 weeks. The employer denied knowing him and did not participate. Applying s 6 and the Bryson control/integration/economic reality tests, the ERA found he was a permanent employee, calculated wage arrears at $18,187.50...
A chef at the Mussel Pot in Havelock worked under seasonal winter shutdowns and was given unsigned fixed term agreements that did not comply with s 66. After the 2024 shutdown, the employer's WhatsApp communications indicated she was no longer required, and she discovered recruiting posts for a...
A senior web developer was made redundant in a large technology department restructure. The ERA accepted the commercial drivers, but found a material process defect: Mega applied the selection criteria before consultation, did not provide the employee's scores, and did not let him meaningfully...
