Celebrating Recent Wins For Mathews Walker Clients
Mathews Walker advocates have recently successfully represented clients at the ERA. Here are a selection of our recent wins.
FISHER v TODD - Case redefined working hours of nanny during overnight stays.
A Mathews Walker case was recently profiled in the media when the ERA awarded Nell Fisher, a Christchurch nanny, $9720 gross in unpaid wages for 360 overnight hours across 30 occasions, along with 8% holiday pay and KiwiSaver contributions. Mathews Walker advocate, Paul Mathews, told the ERA that Fisher’s role as a nanny involved working flexible hours to suit her employer’s schedule, frequently requiring Fisher to work overnight, and accompany the family on holidays. The ERA determined that these requirements placed constraints on Fisher’s freedom and significant responsibilities on her, and also provided benefits to her employer, meaning that Fisher was deemed to be working during those periods and should be compensated for her time.
The full determination can be found here: https://determinations.era.govt.nz/determination/view/21553
CHESMAR v ROONEY EARTHMOVING LTD - Unjustified dismissal by redundancy
Mathews Walker advocate, Emma Brankin, raised a personal grievance of unjustified dismissal by redundancy for client Carol Chesmar against Rooney Earthmoving Ltd. In assessing whether our client was unjustifiably dismissed, the ERA found that the employer did not provide access to relevant information or an opportunity to comment before it ended our client’s employment. Investigations by the employer into the disestablishment of our client’s position were found to be insufficient. The timing and manner in which the employer raised the lack of suitable work and its view that it was unlikely to find ongoing work within 6 – 8 weeks meant, there was no reasonable opportunity for our client to respond before the employer’s decision to make her redundant. The ERA found that Rooney Earthmoving’s actions were not what a fair and reasonable employer could have done in the circumstances at the time. Mrs Chesmar was found to have been unjustifiably dismissed and awarded reimbursement of $14,471.60 (gross) and compensation of $25,000.00 (without deduction).
The full determination can be found here: https://determinations.era.govt.nz/assets/elawpdf/2026/2026-NZERA-502.pdf
CANALES v THERMASHIELD LTD - Compliance Order against individual director.
Following a successful hearing at the ERA requiring Thermashield Ltd to pay our client close to $10,000 for humiliation, loss of dignity and injury, and remuneration of lost wages, Mathews Walker advocate Paul Mathews, returned to the ERA to file for compliance. Thermashield have failed to make any payment or attempt to make any payment on the previous orders. The ERA found that Richard Nimmo, as sole director and controlling person, has responsibility and the power to comply with the previous ERA determination and make the payment to our client. The ERA order now requires Nimmo to pay compensation, lost wages, and costs, or alternatively, to provide the company with the necessary funds to meet these obligations.
The full determination can be found here: https://determinations.era.govt.nz/assets/elawpdf/2026/2026-NZERA-408.pdf
If you are having problems at work, and need a winning team on your side, contact Mathews Walker today. MathewsWalker.co.nz | Employment Problems Solved | 0800 612 355
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