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Our latest case law updates for members are available for download below. A summary of each week's file is provided. If you have any queries, would like more information or to request further historical updates, please contact us via hradvice@cecc.org.nz.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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Snapshot 9 February 2024:
- The Authority erred in finding employee was entitled to receive parental leave payments
- Employment Court upholds unjustified dismissal ruling of the Authority
- Reliance on invalid trial period leads to unjustified dismissal
- Unjustified dismissal claim successful but unsuccessful unjustified disadvantage
- Trial period not valid
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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
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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
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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
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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
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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
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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
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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
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Snapshot 24 November 2023:
- Employment Court upholds determination of unjustified dismissal
- Employee found to be unjustifiably dismissed in flawed redundancy process
- Committee of Management did not consider a proposal or alternatives before redundancy
- Unsuccessful personal grievance claims
- Validity of Record of Settlement
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Snapshot 17 November 2023:
- Process to change employee to contractor deemed procedurally flawed
- Deductions required consulting and employee experienced disadvantage from treatment
- Unjustified dismissal and wage arrears claims of the employees upheld by the Authority
- Improper investigation leads to successful unjustified dismissal and disadvantage claims
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Snapshot 10 November 2023:
- Recommendation made for payment to former employee
- Claim for unjustified constructive dismissal upheld
- Flawed redundancy process leads to upholding of unjustified dismissal claim
- Breach of Employment Agreement leads to payout for Employee for Hurt and Humiliation
- Procedural flaw leads to established claim for unjustified dismissal
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Snapshot 27 October 2023:
- Application for interim reinstatement failed
- Outcome of breach of contract claim
- Claim for unjustified disadvantage found to be lodged within statutory timeframe
- Personal grievance raised successfully considering the totality of communications by employee
- An employer's failure to discuss changes disadvantaged employee
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Snapshot 20 October 2023:
- Employment Court declines claim to overturn decision of the Authority
- Successful claim for leave payments and penalties for not paying employee leave
- Personal grievances found not to be vexatious or frivolous
- Decision to terminate employment found to be procedurally sound
- Employer and director breached minimum employment standards and failed to provide records
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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