ELDP Daily

Thursday, 8 October 2026

5 determinations: 2 unjustified dismissal · 1 collective bargaining · 1 consent · 1 preliminary

Employment Relations Authority

• [2026] NZERA 729 · Unjustified dismissal · Upheld, $20,000
  The Authority found a redundancy selection exercise marked down an employee for ACC-related absence and sick leave, and declined a good faith penalty because the breach was not deliberate, serious and sustained.
• [2026] NZERA 730 · Unjustified dismissal · Upheld, $20,509.74
  The Authority held a law graduate who had accepted a job offer but not yet started was a person intending to work, so could bring a personal grievance.
• [2026] NZERA 731 · Collective bargaining · Decided against the applicant
• [2026] NZERA 728 · Preliminary: settlement bar · Decided against the applicant
  The Authority read a Court of Appeal decision narrowly and ruled a without-prejudice email inadmissible, because there was no doubt that a settlement had been reached.
• [2026] NZERA 732 · Consent · Settlement terms recorded as orders