October 2024 Update: Case Law summary for the month from across New Zealand.
October 2024 saw several notable employment law cases, with recurring themes around the fairness of dismissal processes, employee rights during restructuring, and the obligations of employers in cases of redundancy. A successful constructive dismissal claim was made after an employer changed the location of work, and another case highlighted an employer's failure to consult employees during business transfers or redundancies. Additionally, unjustified dismissals occurred when employees were either asked to resign or subjected to restructuring without proper consultation. A flawed redundancy process also resulted in an unfair dismissal, leading to an employee's reinstatement. The importance of adhering to clear processes during these changes was underscored throughout these cases.
Employers also faced challenges in properly managing probation periods and variations to employment agreements. One employer mistakenly treated a probationary period as a trial period, while in another case, an employee was unable to prove a unilateral variation of their employment terms. The issue of compensation also arose, with the Authority considering whether salaried employees were fairly compensated for their work, especially in voluntary capacities. Legal developments continued, with seven bills remaining open for submission across multiple cases throughout the month.
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