Employment Law

In Lekeisha Ramsay v National Storage Ltd [2025] NZERA 269, the ERA found a probationary period dismissal was unjustified where the employer relied on inaccurate absence data and did not fairly assess suitability through training, guidance, and genuine consideration of the employee's feedback. The ERA ordered $9,000 compensation (after a 10% contribution reduction) plus $14,040.40 gross lost wages and holiday pay, with KiwiSaver to be calculated. Good faith penalty claims under s 134 and aiding and abetting claims were dismissed.

The Authority ordered remedies and addressed unjustified dismissal issues. Second, he alleged he was unjustifiably dismissed on 21 December 2023.

The Authority ordered remedies and addressed unjustified dismissal issues. The Authority found the employer has failed to demonstrate it met the requirements under s 103A for employer when dismissing an employee.

The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Mr Kalkat alleges he was unjustifiably dismissed and is seeking remedies of compensation and lost wages.

The Authority ordered remedies and addressed unjustified dismissal issues. Ms Dwyer raises claims of sexual harassment in relation to communications including text messages during her employment, unjustified disadvantage, unjustified constructive dismissal and breaches of the...

ERA held the employee was not unequivocally dismissed after a disputed phone call about guaranteed hours, so the unjustified dismissal claim failed. But the employer's handling of her hours concerns and its reliance on a 'casual' label was unfair and caused unjustified disadvantage. The Authority found the relationship had become permanent part-time, ordered $8,000 compensation, and required outstanding holiday pay for the entire employment to be calculated and paid.

The Authority ordered remedies and addressed unjustified dismissal issues. Determination: 5 May 2025 DETERMINATION OF THE AUTHORITY Employment relationship problem [1] Xinhua (Henry) Hao resigned from his employment with South Pole IP Holding (NZ) Limited (South Pole) on 26...

A penalty determination was made. Ms Stillman says her dismissal on the basis of redundancy was not genuine, in that it lacked substantive justification and was procedurally deficient.