Employment Law

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...

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),...

A cabinet maker's work was ended by a text message saying there would be no more work next week. The business had moved and quietly shifted operations from one company to a related company. The ERA held the 'no work' message was effectively a unilateral termination without consultation or...

In Lautusi Isaako v ABS Builders Limited [2025] NZERA 678 (Auckland), the ERA found Mr Isaako was an employee (not a contractor) and was unjustifiably dismissed by a text message. The Authority ordered $15,210 gross reimbursement of 3 months lost wages, $15,000 compensation for humiliation and injury to feelings, plus holiday pay arrears ($1,684.80 annual holidays and $1,275 public holidays). No penalties were ordered. Costs of $2,250 and filing fee reimbursement of $71.55 were awarded.

ERA held the employee was not dismissed after a confrontation on a removal job, so the unjustified dismissal claim failed. However the employer acted unjustifiably in how it engaged with the employee about the incident and the pay dispute, causing disadvantage. Orders: $15,000 compensation, plus wage arrears for 9 hours (and 8% holiday pay). Costs reserved.