Philip Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 481 - genuine redundancy reason but no consultation, notice-pay breach and director recovery
Philip Powell was employed by OH and N Contracting Limited as a site foreman in a logging operation. The ERA accepted there was some genuine business basis for redundancy because the logging work was nearing completion, the company had not secured other work, and the need for workers was reducing. But the dismissal was still unjustified because OH and N did not follow any real good-faith consultation process before ending Mr Powell's employment. The employer also wrongly used annual holiday pay instead of paying notice wages, failed to provide wage and time records when requested, and was ordered to pay compensation, lost wages, unpaid wages, penalties, and to allow limited personal recovery against the director if the company could not pay...