Interim decision. A school board dismissed a teacher and deputy principal on notice for alleged serious misconduct involving use of school funds. The employee filed a Personal Grievance (PG) and sought interim reinstatement while the case proceeds. The ERA held there was a serious question to be...
Employment Law
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.
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An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation. The Authority ordered $30,087.30 gross including $13,056 lost remuneration, $10,000 distress...
A chef at Coffee Studio was suspended by WeChat without notice or clarification of pay, then ignored when he asked for a meeting and leave records. While on ACC leave for a wrist injury, he was given redundancy notice without consultation. The ERA upheld unjustified disadvantage and unjustified...
A marketing manager's role was disestablished in a redundancy. The ERA accepted business reasons could exist, but held the consultation was not genuine: key information was withheld, outcomes were effectively predetermined, and redeployment was not properly consulted on. The dismissal was...
An anonymised Christchurch ERA determination where the Authority found constructive dismissal after an unfair suspension, a misleading complaint outcome, and a disciplinary process that did not fairly disclose the case the employee had to meet.
The Authority made monetary and/or other orders. The applicant, Ms Glenice Cooper, worked as a Marketing Manager for Mr Fraser-Jones, as part of the real estate team working for the respondent Success Realty Limited (SRL). On 19... Key amounts include compensation of $75,000, $35,000.
Interlocutory decision. The employee (NMK) sought permanent name suppression and an interim non-publication order in an ongoing personal grievance. The Authority applied the high threshold for permanent suppression and held the evidence did not show exceptional hardship or a sufficiently real...
A long-term waiter was labelled 'casual as required' but worked regular rosters for years. When shifts stopped, he was told by WeChat, 'You don't need to come anymore'. The ERA found he was a permanent employee and the dismissal was unjustified. Orders: $5,686.33 lost wages (reimbursement),...
