Employment Law

Lita Beattie worked long hours as head chef for Matthew Roberts at Matt's Kitchen but was paid sporadically, sometimes in cash, and often not at all. Mr Roberts argued the arrangement was a contracting or business-support arrangement, partly connected with an alleged debt. The ERA found Ms Beattie was an employee. The Flexi Wage subsidy discussions, the intended employment agreement, her integration into the business, the absence of invoices, and the fact she worked under Mr Roberts' direction all pointed to employment. The failure to pay wages was a serious breach that foreseeably compelled her resignation, so the resignation was a constructive dismissal. Mr Roberts was ordered to pay $18,000 compensation, $14,040 lost wages, $23,050 gross wage arrears, $1,844 annual holiday arrears, PAYE and KiwiSaver accounting, and interest on wage and holiday arrears...

JIT Limited dismissed Sukhmanpreet Singh after an argument with a director about annual leave. The ERA found the employer had unlawfully pressured him to write an annual-leave request, then suspended him by cancelling shifts without proper process, and later dismissed him without a fair investigation or fair opportunity to answer the full allegations. A pushing allegation was not established. The Authority also found wage and public-holiday arrears, record-keeping failures, and Wages Protection Act breaches. After a 15 percent contribution reduction, JITL was ordered to pay $9,019.44 lost remuneration and $15,300 compensation, plus $5,176.80 arrears and interest, and penalties including $2,500 payable to Mr Singh and $4,500 payable to the Crown...

Sidney Yu and Jing Tham were working holiday visa holders engaged by Queenstown Nursery Limited as casual nursery assistants. The employer argued their work was offered only day by day and could simply stop being offered. The ERA disagreed. An email promising Monday to Wednesday work for at least the next three weeks created an assignment extending to 23 April 2025. When QNL ended the work on 15 April, it said the reason was weather, but later acknowledged the applicants had been selected because they were considered less efficient. The Authority found no fair process, no evidence of substantive justification, and a breach of good faith. Each applicant was awarded $848 gross for four lost working days, including Easter Monday as an otherwise working day, and $2,000 compensation...

Brent Colyer had worked for New Zealand Aluminium Smelters Limited as an electrician for almost 20 years. After he inspected a gantry crane without first isolating a related 35-tonne crane, NZAS investigated and issued a written warning. The ERA found the disciplinary process was unjustified and breached good faith. NZAS had blurred an informal incident investigation into a disciplinary investigation, failed to collect basic statements, allowed an uninvestigated concern about Mr Colyer's attitude toward a colleague to become central, failed to provide the correct investigation report in advance, and then accidentally gave him a draft report containing an outcomes section. Constructive dismissal failed, but unjustified disadvantage succeeded. NZAS was ordered to pay $18,000 compensation...

Tasman Rugby Union summarily dismissed its CEO, Steven David Mitchell, for alleged serious misconduct. In this interim decision, the ERA did not finally determine the allegations. It found, however, that Mr Mitchell had a strongly arguable unjustified-dismissal case, including an arguable predetermination concern arising from a review process, how that review later fed into the disciplinary process, and Board communications that could indicate adverse and personalised views had formed before the decision. The Authority held that the new 2026 remedies amendments applied, but could not make definitive contribution or serious-misconduct findings at the interim stage. It ordered immediate reinstatement to payroll only, backdated to 21 March 2026, while reserving the substantive merits hearing...

Friendly Loans Limited dismissed Filisi Beswick for medical incapacity less than four weeks after she had been admitted to hospital with blurred vision and migraines. On the day of dismissal, she had told the company that her medical position had improved, that she had a negative Covid test, a valid driver licence and an updated medical certificate. She asked for a face-to-face meeting and to discuss work from home. The ERA held the company could not reasonably conclude she was incapable of her ongoing duties, had not sought her input, had not allowed sufficient recovery time, and had not considered alternatives. It also held a $2,439.09 loan deduction from final pay unlawful. The Authority ordered $24,436.09 in total...

Amanda Bradley, a Manager Region Training for Fire and Emergency New Zealand, could not establish that her collective agreement gave automatic entry to the FireSuper scheme. The ERA found that eligibility was conditional upon the FireSuper Trust Deed or the Trustees' discretion, and it could not direct FENZ to confer rank or classify the MRT role as Black Watch. But the Authority found FENZ had significant influence over FireSuper eligibility and handled Ms Bradley's enquiries in a poor, slow, inconsistent and confusing manner. That was an unjustified disadvantage and a breach of good faith. Ms Bradley was awarded $5,000 compensation, with no contribution reduction...

Ronald Thomas Shea was told by phone that there was no more work for him after his trucking and contracting hours fell sharply. STLand Contracting Limited had genuine financial pressure and could have commenced a workplace change process, but it did nothing. The ERA found a clear dismissal without consultation, found that Mr Shea had also been bullied in an unsafe workplace, and ordered $45,600 in notice pay, lost wages, compensation and costs...