EmployerBulletin

HR Case Law

Monthly Summaries

A weekly case law summary for each week is available below. The full weekly 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.

Note - The summaries below refer only to the number of Bills open for public submissions to select committee (the full details are available in our member resources). Bills go through several stages before becoming an Act of Parliament: Introduction; First Reading; Referral to Select Committee; Select Committee Report; Consideration of Report; Committee Stage; Second Reading; Third Reading; and Royal Assent.

2025 Summaries

January
February
March
April

ERA Snapshot
17 January 2025:

Forfeiture provision found to be unenforceable
Unilateral health monitoring changes to collective agreement found to be unlawful
Authority orders reinstatement following flawed investigation process
Authority determines employment ending was not abandonment
Signatory to employment agreement found not to be the true employer
16 current bills open for submission

ERA Snapshot
24 January 2025:

Employment relationship must exist for a union to initiate collective bargaining
Workers were independent contractors rather than employees
Employer fails to disclose selection process or seek feedback in restructure
Decision to decline parental leave payments is reversed
Employee resigns of own accord and is not constructively dismissed
10 current bills open for submission

ERA Snapshot
31 January 2025:

Employer dismisses employee by withdrawing job offer
Termination of employment for abandonment found to be unjustified
Flawed investigation leads to unjustified dismissal
Casual employee found to be permanent and unjustifiably dismissed
Employer unjustified in claiming gross negligence
12 current bills open for submission

ERA Snapshot
14 February 2025:

Employment Court overturns Authority regarding prohibition on preference issue
Claims of voiding employment fall flat
Redundancy without consultation leads to unjustified dismissal
Labour-hire client is joined to temp worker’s personal grievance as controlling third party
5 current bills open for submission

ERA Snapshot
21 February 2025:

Requiring medical certificate not unjustified disadvantage
Employer dismisses employee for needing sick leave
Employer found to have followed fair restructuring process
Employee’s claims barred by raising them incorrectly
Employer is mistaken on whether employee is casual
8 current bills open for submission

ERA Snapshot
28 February 2025:

Requiring Employee unjustifiably dismissed following injury
Employer does not consult sufficiently in redundancy
Summary dismissal upheld despite procedural flaws
Employer fails to consider redeployment options in restructuring
Failing to adhere to trial period requirements renders it invalid
8 current bills open for submission

ERA Snapshot
7 March 2025:

Personal grievance and penalty claims raised out of time, but wages still owed
Authority looks past sham documentation in assessing nature of relationship
Full and final settlement closes all future claims connected to dispute
Contractor fails to convince Authority they are employee
Employer runs fair redundancy but must calculate final pay correctly
10 current bills open for submission

ERA Snapshot
14 March 2025:

Absence of fair process during restructuring leads to unjustified dismissal
Authority declines application for interim reinstatement
Employer unjustifiably dismissed driver who was on sick leave
Authority awards significant wage arrears
Reliance on an invalid trial period leads to unjustified dismissal
10 current bills open for submission

ERA Snapshot
121March 2025:

Employment Court overturns Authority on interim reinstatement claim
Employer Employee treated “shabbily” and unjustifiably dismissed
Employee dismissed by text message deemed unjustified
Authority supports MBIE decision on parental leave request
Covid vaccination personal grievance raised outside of statutory time limit
10 current bills open for submission

ERA Snapshot
4 April 2025:

Coming soon....

2024 Summaries

ERA Snapshot
13 December 2024:

Employer wins on its use of trial period
Permanent employee treated as a casual and dismissed
Employees with disputes must choose to follow them up at the time
Employee unjustifiably disadvantaged by prolonged suspension
12 current bills open for submission

ERA Snapshot
6 December 2024:

Employer fails to adhere to drug and alcohol policy
Issues outside employment relationship do not factor into
personal grievance
Directors made personally liable after breaching employment
standards
Failure to pay commission in line with employment agreement
leads to costly payout
Unjustified dismissal following redundancy results in interim
reinstatement
12 current bills open for submission

Snapshot 29 November 2024:

Employer’s leave buyout scheme forms part of employees’ gross earnings
Authority issues interim injunction on breaching restraint of trade
Authority decides workers are independent contractors rather than employees
Director of liquidated company personally liable for employees’ wage arrears
Migrant employee resigns due to being refused pay

12 current bills open for submission:
Statutes Amendment Bill (4 Dec, 2024)
Child Protection (Child Sex Offender Government Agency Registration) Amendment Bill (6 Dec, 2024)
Oversight of Oranga Tamariki System Legislation Amendment Bill (8 Dec, 2024)
Responding to Abuse in Care Legislation Amendment Bill (11 Dec, 2024)
Evidence (Giving Evidence of Family Violence) Amendment Bill (19 Dec, 2024)
Policing (Police Vetting) Amendment Bill (19 Dec, 2024)
Mental Health Bill (20 Dec, 2024)
Principles of the Treaty of Waitangi Bill (7 Jan, 2025)

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

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Monthly Summaries

2025 Summaries

2024 Summaries