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What does unjustified disadvantage look like, and what does it not look like – Kilpatrick v Air New Zealand Ltd

Sometimes in the course of your employment, your employer will make things difficult for you. If that difficulty passes a certain level of unreasonableness, then you can raise a personal grievance for that. This is different from an unjustifiable dismissal, as you don’t have to have been dismis

Allied Investments limited v Marriott – a story of an employer getting a dismissal wrong

When you have done something that your employer does not like, you can often expect to be investigated for misconduct. This can, in more serious instances, lead to dismissal. In these situations, what must be remembered is that employers can only dismiss employees if that’s what a fair and reas

What is allowable discrimination in employment? – Air New Zealand v McAlister

When in employment, you need certain skills to complete your job. A fisherman will need to know how to catch fish, for example. Sometimes though, it is not enough that you have the skills, when something else makes you unable to complete the job. Using the same example, if the Fisherman was afrai

A cautionary tale of going after an employer too hard- Fagotti v ACME & Co limited

If you have a personal grievance, more often than not, an employer will want to settle the matter outside of court. To do this, they will get legal advice as to what they are likely going to have to pay out for the personal grievance, and will offer to pay you something close to that …

How redundancy works in New Zealand Grace Team Accounting Limited v Brake

When making people redundant in New Zealand, the law treats this as a firing. Because we treat the redundancy and dismissal the same, the same rule is used for both situations when deciding whether the employee could have been let go Section 103A (2) of the Employment Relations Act: “The test i