Recent Wins for Mathews Walker Clients at the ERA
- Anne-Marie Dolan
- 1 day ago
- 3 min read
While most cases taken on by Mathews Walker advocates are resolved at or before mediation, some do progress to an Employment Relations Authority (ERA) hearing. Mathews Walker advocates are experienced and skilled at representing clients and achieving success at the ERA. To follow are some recent examples of successful outcomes we have achieved for clients at the ERA in Wellington and Christchurch.
Client C - Unjustified Dismissal (Wellington)
Client C was unjustifiably dismissed on the day he was supposed to begin work at an aluminium window fabrication and installation company. On 6 June 2023 Client C failed to show up for work at his starting time of 7.00 am due to a migraine. He did not notify his employer that he would not be attending work. The employer sent a series of emails and texts checking on his whereabouts before suggesting they had 'dodged a bullet' and wishing Client C 'good luck ahead'. Client C raised a personal grievance for Unjustified Dismissal on 11 August. The ERA first looked at whether Client C was in fact an employee given he had yet to commence work. After determining he was legally an employee, they looked at whether the employer's actions constituted dismissal and whether that dismissal was unjustifiable. The ERA also looked at whether Client C was owed wages for a trial day of work completed. The ERA found that the employer did unjustifiably dismiss Client C as it did not act as a fair and reasonable employer could and did not fully and fairly investigate any allegations against Client C before taking adverse action against him. The ERA also found that Clients C's actions had contributed to the actions of the employer and reduced remedies by 20%. The ERA awarded lost wages, compensation for humiliation and injury and unpaid wages for the trial day worked. A total of $9,992.52 was awarded.
Click here to read more about this recent win:
Client K - Unjustified dismissal (Christchurch)
Client K claims she was unjustifiably disadvantaged during her employment with a large automotive retailer and unjustifiably dismissed on the basis of abandonment of employment. The ERA found that Client K had been unjustifiably disadvantaged based on her employer's response to issues raised over her treatment at work and how those issues were investigated. The ERA also found that the employer did not act as a fair and reasonable employer would when it terminated Client K for abandonment of employment. The ERA awarded Client K three months lost wages plus $15,000 in compensation. This amount was reduced given Client K's contribution to factors resulting in termination through lack of communication with her employer.
Click here to read more about this recent win:
If you have an employment issue you need support with, our advocates are ready to support you in achieving a positive outcome - all the way to the ERA if required. Get in touch with an expert for a free consultation. Mathewswalker.co.nz | 0800 612 355
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