Employment Law

A Rotorua kebab restaurant recruited a kitchen hand from India on an Accredited Employer Work Visa (AEWV). The ERA found the employer (through a director) sought a $34,000 premium to secure the job, breaching s 12A Wages Protection Act, and imposed a $16,000 penalty. The employee was later...

The Authority made monetary and/or other orders. Nicholas Fry was first employed by Fire and Emergency New Zealand (FENZ) from 24 January 1986 until 17 November 2014. Mr Fry returned to FENZ in March 2022 as an Advisor Community Readiness ... Orders include compensation of $13,000.

Anztec made a senior assembly technician redundant in a small-business restructure. The ERA accepted the redundancy was genuine and the dismissal was substantively justified, but found significant good faith/consultation defects - including failure to proactively disclose information.

A retail assistant was dismissed during a probation period after the employer said CCTV and KPI reports showed targets were not met. The ERA found the employer had not provided adequate POS and legal process training, yet relied on KPI results, and then terminated employment out of the blue by...

A senior journalist/editor with 18 years at Radio Waatea was made redundant after a restructure merging English and Maori newsroom functions. The ERA accepted the restructure had genuine business reasons, but held the redundancy dismissal unjustified because key proposal information was not fairly shared, the employee was not clearly told his role was at risk until the termination day, and redeployment options were not consulted on. Orders: $24,230.77 lost wages (plus interest and KiwiSaver), $19,000 compensation, and a $1,500 Wages Protection Act penalty (half to the employee).

The Authority made monetary and/or other orders. On 5 February 2024, Robert Tunnicliffe interviewed for a job as a Truck Driver with Solly's Freight (1978) Limited (Solly's). Solly's offered Mr Tunnicliffe the job, which he accepted and co... Orders include compensation of $5,000.

A part-time pool receptionist/manager at a Hastings health and wellness centre was never given a written employment agreement and was never paid for 32 hours worked. After he asked for clarity about his pay and roster, the employer stopped responding, removed his staff access, and asked for his...

A marketing and events assistant resigned with one month's notice, but was called into a surprise meeting and told to clear her desk and leave immediately. The ERA held this was a dismissal at the employer's initiative (a 'sending away'), not an agreed early finish, and the employer could not...