The ERA rejected the employee's constructive dismissal claim but upheld unjustified disadvantage findings because the employer ran a flawed, slow investigation and left the employee in the dark about process and return-to-work steps. Orders included $15,000 compensation, a $3,000 penalty for...
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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A New Zealand Police Senior Sergeant deployed to Fiji succeeded in a Personal Grievance (PG) for unjustified disadvantage. ERA found Police acted unfairly by making adverse findings without a proper process, failing to properly deal with her bullying complaint, using those findings in relation to an external role...
ERA held a fixed-term seasonal worker was unjustifiably dismissed for redundancy because the employer decided to select him for redundancy before meeting him and did not consult. Although the business case to disestablish one fixed-term role was accepted as genuine, the selection process was...
"A cook was told to 'bugger off' and leave the premises amid police concerns about marijuana plants on the owner's property. The ERA found this was a dismissal and awarded $13,520 lost wages, $10,000 compensation, and $249.60 holiday pay (plus interest)."
ERA found the employee was unjustifiably dismissed after being summarily terminated and trespassed without any fair investigation into allegations he took cash from the till. The employer's separate claim that he breached a duty of fidelity was dismissed. Orders included $15,000 compensation (after a 50% contribution reduction), wage arrears and holiday pay (to be calculated), and a $3,000 penalty payable to the Crown.
ERA held the employee was constructively and unjustifiably dismissed when the employer told her not to return to work until mid-January and refused to pay her contracted hours. Orders included $25,000 compensation, $8,320 reimbursement, wage and holiday pay arrears with interest, and penalties split between the employee and the Crown.
The Authority ordered remedies, including compensation and payment of wage/holiday pay entitlements. Both Mr Jia and Mr Hou claim that FX made
The Authority ordered remedies, including compensation and/or payment of entitlements. [40] Then in a follow up email at 10:49 am on 26 September 2024 CVC confirmed its
