NOVEMBER 2024 HR Case Law Updates: A Summary

November 2024 Update: HR Case Law summary for the month from across New Zealand.

November 2024 featured several significant developments in employment law, with key cases highlighting issues around unfair dismissal, employee rights, and employer obligations in restructuring and redundancy processes. In multiple instances, employers faced claims for unjustified dismissal or disadvantage, including cases where employees were suspended or made redundant without following proper procedures. Notably, a worker was found to have been unjustifiably disadvantaged by a requirement to work in the office, while another case involved an employer quickly perceiving resignation, leading to a wrongful dismissal claim. Additionally, flawed redundancy processes in some cases led to significant compensation payouts, emphasizing the need for fair treatment during workforce reductions.

Employer obligations regarding pay and contractual terms were also a focal point. The Authority ruled that an employer's leave buyout scheme formed part of the employee’s gross earnings, and in another case, a director of a liquidated company was personally held liable for wage arrears. Several cases involved the misclassification of workers, with one ruling that workers were independent contractors rather than employees, while a migrant worker resigned after being refused pay, reinforcing the need for employers to meet basic wage obligations. Legislative developments were also active, with 12 bills open for submission, including those addressing child protection, mental health, and the principles of the Treaty of Waitangi, indicating ongoing legal reforms impacting the employment landscape.

You can view ALL the latest updates on our Case Law page, or sign-up to our regular email updates to get the latest to your inbox.

Logged-in Members can download the full case-law PDF for each week on our resources page.