Celebrating Recent Wins for Mathews Walker Clients at the ERA
- Anne-Marie Dolan
- Jul 17
- 3 min read
While most cases taken on by Mathews Walker advocates are handled at or before mediation, some do require an Employment Relations Authority (ERA) hearing to be resolved. You can rest assured that our 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 Auckland, Wellington and Christchurch.
Client J - Constructive dismissal (Wellington)
Client J was employed for just under a year as Head of Digital Marketing by an online media company. Client J resigned on 22 September 2022 and claims constructive dismissal due to his employer’s failure to pay PAYE taxes to the IRD. Client J found this failure to be the last straw in his employment following failure to pay agreed increased wages and a toxic working environment. This employment experience caused him significant anxiety and he believed it would have a negative impact on his employment prospects. The employer did not respond to these claims, refused to attend mediation and did not attend the ERA hearing. The ERA found that the failure to pay the deducted PAYE taxes to the IRD was deliberate and deceitful and breached the duty of good faith. This breach directly caused Client J to resign resulting in constructive dismissal. The ERA awarded lost wages representing the difference in earnings in roles taken following his resignation and compensation for humiliation and injury of $20,000. A total of $28,294.87 was awarded.
Click here to read more about this recent win:
Client F - Unjustified dismissal by way of redundancy (Auckland)
Client F was employed for approximately 2 years in an internal sales role. Due to declining sales a restructure was proposed. Client F was selected for redundancy based on a criteria of cost, following a decision skills and experience were neutral factors in deciding between the three internal sales employees. Client F was terminated with 4 weeks notice paid in lieu and 5 weeks pay ex gratia. Client F lodged a Personal grievance for unjustified dismissal. The ERA found that the business reasons for the restructure were reasonable but the selection criteria was not disclosed early enough for consultation and feedback resulting in unjustified dismissal. Client F was awarded lost wages until they found new employment and $16k for humiliation, loss of dignity and injury.
Click here to read more about this recent win:
Client G - Unjustified dismissal by summary dismissal (Christchurch)
Client G was employed as a seasonal worker for approximately 2 years and was summarily dismissed in March 2023. Client G claimed her employer ignored repeated requests for support in training a new employee. An incident then occurred between Client G and the new employee which resulted in a disciplinary process and summary dismissal. The ERA found that the employer had raised some concerns they had with Client G’s behaviour, but not all and that the summary dismissal decision was based on allegations they had not disclosed to Client G ahead of that decision. Client G did not have a reasonable opportunity to respond. The employer was found not to have complied with a duty of good faith to disclose relevant material and opportunity to comment before making their decision. Nor did they sufficiently investigate the allegations against Client G or genuinely consider her explanations regarding her behaviour. The ERA found that Client had been unjustifiably dismissed. Client G was awarded $15,000 compensation and lost wages until they found new employment, reduced by 20% due to her actions having contributed in a blameworthy manner to the situation for which she was dismissed. A total of $22,618 was awarded.
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
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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