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.
![Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
The ERA first had to decide who employed a worker hired through a Facebook job ad for a firewood operation (Ignite Firewood). The respondents argued the worker was employed by a third party supervisor as a sole trader, or by a company. The Authority held Darcee Gosling was the employer and...
In Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304, the ERA held the redundancy dismissal was unjustified due to a lack of consultation, lack of relevant information, and failure to properly explore alternatives and redeployment. The Authority awarded $17,000 compensation and reserved costs.
Surplus Brokers unsuccessfully challenged an ERA determination in favour of Neil Armstrong. The Employment Court rejected the employer's abandonment position and confirmed that an employer needs proper grounds to conclude an employee intended permanently to leave the employment.
A meatworks employee was suspended immediately after a workplace incident without being told the employer's concerns or given a chance to respond. At a later meeting the employer gave her the option to resign or be dismissed; the ERA held the resignation was strongly induced and the termination...
In Neil Armstrong v Surplus Brokers Ltd [2019] NZERA 235, the ERA found a casual employee was unjustifiably dismissed during a period of engagement. The Authority awarded $9,000 compensation (after 10% reduction for contributory conduct) and imposed a $1,000 penalty for failing to provide an intended employment agreement.
