)%20(5).png?width=300&name=PREPARE%20FOR%20THE%20EVOLUTION%20(Presentation%20(169))%20(5).png)
A weekly case law summary for each week is available below. The full PDF update is available for member download via our resources page. If you have any queries, would like more information or to request further historical updates, please contact us via hradvice@cecc.org.nz.
Snapshot 22 November 2024:
- Requiring employee to work in the office held as unjustified disadvantage
- Employee brazenly poaches ex-employer’s customers
- Employee not dismissed but was unjustifiably disadvantaged
- Employer responded fairly and reasonably to employee’s dangerous driving
- Employer jumps too quickly to perceiving resignation
- 12 current bills open for submission
Snapshot 15 November 2024:
- Employee was not bullied or constructively dismissed by discourteous conversation
- Worker was employee rather than volunteer
- Interim injunction halts employer’s disciplinary process
- Employers must provide sufficient information during restructuring
- 10 current bills open for submission
Snapshot 8 November 2024:
- Improper use of trial period leads to unjustified dismissal
- Employee constructively dismissed after taking special leave
- Nature of employment was full-time, not fixed term or casual
- Flawed redundancy process leads to significant compensation payout
- Authority dismisses employer’s claims for repayment of debts
- 7 current bills open for submission
Snapshot 1 November 2024:
- External delays are not held against employer
- Employee made redundant without process or genuine reason
- Employer suspends without process and unjustifiably dismisses employee
- Pattern of employment law breaches leads to constructive dismissal
- Employee fails to prove business agreed to additional hours
- 7 current bills open for submission
Snapshot 25 October 2024:
- Constructive dismissal claim successful after employer changes location of work
- Authority finds work was carried out in voluntary capacity
- Authority considers whether salaried employee is fairly compensated 3
Employer mistakes probationary period with trial period - Employee fails to prove employer unilaterally varied employment agreement
- 7 Bills open for submissions
Snapshot 18 October 2024:
- A settlement is breached, but did that cause disadvantage?
- Asking employee to resign is unjustified dismissal
- Employees must be consulted on transferring in a business sale
- Obligation to consider redeployment options during restructuring
- Employer fails to consult on redundancy
- 7 Bills open for submissions
Snapshot 11 October 2024:
- Court overturns Authority on when a grievance was raised
- Restructuring process results in unjustified dismissal
- Heated exchange leads to unjustified dismissal
- Employee allowed to ‘‘double dip’’ with IEA and CA
- Decision reversed due to Inland Revenue providing incorrect advice
- 7 Bills open for submissions
Snapshot 4 October 2024:
- Employee reinstated to work following unfair redundancy
- Flawed redundancy process leads to unjustified dismissal
- Employer withdrawing offer dismisses person intending to work
- External delays not held against employer
- 7 Bills open for submissions
Snapshot 6 September 2024:
- An unreasonable way of managing excessive absenteeism casual
- Employer holds meeting without process
- Failure to provide statutory rights has costly outcome
- Casual employee dismissed from engagement of work
- Employee experienced some disadvantage in a long list of allegations
- Five current bills open for submission
Snapshot 13 September 2024:
- Labour Inspector brings heavy penalties for migrant exploitation
- Company and director both penalised for employment breaches
- Claims of constructive dismissal and discrimination over study arrangements
- Authority finds resignation was foreseeable work
- Five current bills open for submission
Snapshot 20 September 2024:
- 10,927 employees’ agreements breached but with minor effect
- Employer correctly calculates its notice period
- Significant procedural flaws inevitably result in unjustified dismissal
- Sexual harassment causes employee to resign
- Employee unjustifiably dismissed before starting any work
- Four current bills open for submission
Snapshot 27 September 2024:
- Authority confirms contractor status
- Employee justifiably dismissed for failing to follow training and policy
- Employee recovers premiums paid for employment
- Employer must vary collective agreement through union
- Employee dismissed by text message
- Four current bills open for submission
Snapshot 2 August 2024:
- Employee claims disadvantage from payments he was reimbursed for
- Employer wins compensation for employee’s refusal to work notice period
- No penalties ordered where parties breached settlement agreement
- Casual employee’s engagements are ended legitimately with a text
- Employee unjustifiably dismissed for committing
- Eight current bills open for submission
Snapshot 9 August 2024:
- Strike notice deemed sufficient
- Court overturns Authority’s decision of unjustified suspension and dismissal
- Dismissal for threatening harm found to be justified
- A costly miscommunication in the hiring department
- Authority affirms interim reinstatement after unjustified dismissal
- Six current bills open for submission
Snapshot 16 August 2024:
- Employment Court overturns Authority’s decision of unjustified dismissal
- Confidentiality cannot be ensured for protected disclosures
- Employment Relations Authority:
Employer breaches law on employment agreements and misunderstands trial period - Employer warns and dismisses employee without process
- Authority examines if personal grievances were raised in time
Snapshot 30 August 2024:
- Employee found to be permanent instead of casual
- Employer acts fairly and reasonably in terminating for medical incapacity
- Flawed redeployment process leads to unjustified dismissal
- Employee dismissed under invalid trial period clause
- Seven current legislative bills open for submissions
Snapshot 5 July 2024:
- Huge Personal grievance raised five years after resignation
- Employee Authority upholds claim for unjustified dismissal
- Employer fails to pay employee on time and incorrectly follows abandonment process
- Employer runs a fair redundancy process
- Authority sends strong signal to anyone breaching non-solicitation clauses
Snapshot 12 July 2024:
- Employee bound by terms of employment he did not read
- Employee Authority declines application for interim injunction regarding restraint of trade
- Authority finds that employer did not make verbal offer to compensate employees for ideas
- Employer refuses to consider existing employee for similar role
- Termination of employment was justified
- Legislation: Twelve current bills open for Submissions
Snapshot 19 July 2024:
- Authority decides employer followed fair disciplinary process
- Employee dismissed without being invited to a disciplinary meeting
- Employee instantly dismissed by text for taking sudden leave
- The Authority refers to the backstory of a clause to define its meaning
- Decision to terminate was found to be justified but the decision to suspend was not
- Legislation: 6 bills currently open for submission
Snapshot 26 July 2024:
- Court of Appeal: Family carers are not employed by the Government
- Employee claims disadvantage from payments he was reimbursed for
- Employer wins compensation for employee’s refusal to work notice period
- No penalties ordered where parties breached settlement agreement
- Casual employee’s engagements are ended legitimately with a text
- Employee unjustifiably dismissed for committing sexual harassment
Snapshot 27 June 2024:
- Court orders employer to comply with consultation clause
- Court increases remedies ordered to employee after challenging decision
- Authority considers whether grievances were raised in time
- Constructive dismissal and discrimination claims
- Employee raises a personal grievance against a controlling third party
- Eight legislative bills currently open for submissions
Snapshot 21 June 2024:
- Huge compensation awarded for significant health and safety breaches
- Employee unjustifiably disadvantaged by not receiving a written employment agreement
- Authority upholds claim for unjustified dismissal
- Abruptly dismissed employee wins personal grievance
- Employee improperly dismissed after predetermined accusations
- Five legislative bills currently open for submission
Snapshot 14 June 2024:
- Employment Relations Authority:
Employer takes justified actions in investigation - Redundancy found to be not genuine
- Casual employee found to be permanent and unjustifiably dismissed
- Employee not given written extension of fixed term agreement
- Employee believes Employer was trying to trick them
- Eight legislative bills currently open for submission
Snapshot 7 June 2024:
- Employment Relations Authority:
Union breaches duty it owed to a member - Employer blackmails employee causing unjustified constructive dismissal
- Recovering training costs from employee that resigned
- Restructuring process found not to be genuine
- Employee secretly monitored found to be unjustifiably disadvantaged
Snapshot 31 May 2024:
- Employee misuses company vehicle and resigns
- Employer sends away employee by suggesting resignation
- Employee holiday pay claims
- Employer could not reasonably accommodate pilot over 65
- Employee successfully argues for backpay
- Union correctly gave notice to initiate bargaining on behalf of zero employees
Snapshot 24 May 2024:
- Employer pressures employee to resign
- Employer walks back WFH permission and rejects medical certificates
- Employer denies assault he was convicted for
- Employee creating workplace drama loses personal grievance
- Union correctly gave notice to initiate bargaining on behalf of zero employees
- Employer does not investigate allegation or listen to employee’s explanation
Snapshot 17 May 2024:
- Employment Court upholds Authority’s clause interpretation in favour of union
- Employment Relations Authority:
Large employer incorrectly runs medical incapacity process - Successful interim injunction of breach of restraint of trade clause
- Was the employment agreement’s abandonment clause applied correctly?
- Procedural shortcomings in terminating employee who got injured at work
Snapshot 10 May 2024:
- Employee’s arguable case allowed to continue
- Court overturns Authority’s interpretation of payment clause
- Employer Employee owed wages and holidays arrears as company goes into receivership
- Did failure to act on bullying claims lead to a constructive dismissal?
- Interim restriction on employee breaching restraint of trade
- Authority enforces phrasing in employment agreement
Snapshot 3 May 2024:
- Employer wins constructive dismissal
- Inadequate investigation leads to unjustified dismissal
- Unilaterally changing the employment agreement leads to constructive dismissal
- Personal grievance claim for unjustified action causing disadvantage upheld
- Unresolved complaint leads to successful unjustified disadvantage
- Company unjustifiably disadvantaged employee by not readily providing tools of the trade
Snapshot 26 April 2024:
- Employee’s role changed without consultation
- Employee unjustifiably dismissed but did not have evidence for some pay claims
- Dismissed co-founder wins at the Employment Relations Authority
- Non-consultation during restructuring leads to unjustified dismissal
- Employee did not raise grievance in time
Snapshot 19 April 2024:
- Company penalised for breaching employment law requirements
- Employer agreed to use Tikanga principles
- Part-time employee compensated for minimum entitlements and $30,000 for harm
- Unjustified dismissal during company liquidation
- Availability provision is found to be illegal
Snapshot 12 April 2024:
- Successful appeal against interim reinstatement order
- Employee found to be a permanent worker
- Employee unjustifiably dismissed
- Penalty for breaches of employment standards
- Employee unjustifiably constructively dismissed
- Personal grievance successfully raised within 90 days
Snapshot 5 April 2024:
- Tax rate change for backdated lump sum payments
- Consultation opens proposing more time to comply with plumbing products changes under the Building Code
- Government continues to deliver for New Zealand
- Secondary teachers moving to New Zealand fast tracked to residence
- New tools strengthen immigration law enforcement
- New Zealand “open for business” for Build To Rent
Snapshot 22 March 2024:
- Due process required to terminate employment of person intending to work
- Employees must agree to without-prejudice conversations with full understanding
- A disingenuous redundancy created unjustified dismissal
- Au pair found to be employee
- Termination under invalid trial period provision leads to unjustified dismissal
- Employer breached several employment standards but did not constructively dismiss employee
Snapshot 28 March 2024:
- Employment Court decides sufficient information was provided for transferring employees
- Uncommunicative and unresponsive employer taken to Employment Relations Authority
- Authority finds in favour of employer regarding employee benefit
- Absence of an individual employment agreement dismissal
- Faulty investigation of serious allegations leads to unjustified dismissal
Snapshot 15 March 2024:
- Claim for unpaid final pay successful
- Personal grievances established for unjustified dismissal and sexual harassment
- Multiple breaches result in employer being personally liable
- Manager and director of company found to be jointly liable in grievance proceedings
- Employee wins personal grievance for constructive dismissal
- Authority upholds claim for unjustified dismissal
Snapshot 8 March 2024:
- Constructive dismissal after employer failed to pay wages
- Employment Relations Authority considers whether employer undermined a collective agreement
- Employee resigned without constructive dismissal or reasonable foreseeability
- Employee dismissed for failing to declare criminal history
- Employee’s claim for unjustified dismissal upheld.
Snapshot 1 March 2024:
- Court overturns Authority limiting long service leave clause based on “business common sense”
- Authority orders back pay of pay rise to be applied to union member
- Employment Relations Authority: Breaches of employment agreement result in substantial penalties
- Dismissal of employee who acted in self-defence held to be substantially justified
- Employer found to be fair and reasonable throughout employee’s employment
Snapshot 23 February 2024:
- Employee claimed medical retirement was inappropriate
- Suspended employee unjustifiably dismissed and disadvantaged
- Authority confirms paid parental leave is to be paid in one continuous period per person
- Interim reinstatement of 3 employee deemed inequitable
- Complete lack of process leads to successful unjustified dismissal claim
- Authority upholds claim for commission back pay
Snapshot 16 February 2024:
- Invalid trial period leads to unjustified dismissal
- Non-compliant availability clause causes unjustified disadvantage
- Candidate’s progression to pre employment check was not an offer of employment
- Justified termination of employment
- Breach of good faith leads to unjustified constructive dismissal
Snapshot 2 February 2024:
- Employment Court overturns Authority on matter of agreement
- Flawed investigation leads to unjustified dismissal
- Employee's interpretation of when notice period ended successful
- Employer followed due processes when issuing a warning to employee
- Employer did not give employee opportunity for feedback and conducted unfair dismissal
- Employee on a working visa unjustifiably dismissed
Snapshot 26 January 2024:
- Employment Court sets aside the Authority's judgement
- Company successfully withdrew offer of employment
- Court increases compensation to employee after employer challenged the Authority's ruling
- Employee dismissed on a group chat raised personal grievance
- Constructive dismissal claim successful following transfer of shares
- Successful unjustified disadvantage claims due to unilateral change to employment agreement
Snapshot 19 January 2024:
- Court found actual loss of wages to be 6 months' worth
- Employment Court affirms unjustifiable dismissal for no consultation during restructure
- Employment court upholds decision of the Employment Relations Authority
- Parent company found not to be a controlling third party
- Unsuccessful claim by employee claiming constructive dismissal
- Employee did not have a reasonable opportunity to respond
Snapshot 12 January 2024:
- Dismissal of uncommunicative employee found to be fair and reasonable
- Failure to honour commitment to repay debt proves costly
- Assumption of an employee’s resignation leads to unjustified dismissal
- Dismissal following a failed drug test found to be procedurally unfair
- Personal relationship problems blur employment relationship, resulting in disadvantage
- Claim upheld for unjustified dismissal
Snapshot 15 December 2024:
- Deductions made from final pay without consent deemed unlawful
- Mandatory COVID-19 vaccination policy led to unjustified dismissal and compensation payout
- Employee proved not to be independent contractor
- Failure to honour commitment to repay debt proves costly
Snapshot 8 December 2024:
- Breach of record of settlement leads to financial penalty
- Unsuccessful constructive dismissal claim
- Employer addressing anonymous complaints found to have created some disadvantage
- Invalid trial period leads to unjustified dismissal
- Employee without an agreement raised a personal grievance
Snapshot 1 December 2024:
- Record of Settlement held to be binding despite party's refusal to sign
- Committee Care worker found to be employee
- Personal grievance raised out of 90-day time frame did not have exceptional circumstances
- Employee unjustifiably summarily dismissed for sending an ambiguous email to customer