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A dispute arises when there is a disagreement over the meaning of a term of your employment agreement.


Common disputes include those over: fixed term agreements, trial periods, the meaning of

probation, casual versus permanent employment, and contractor versus employee status.


The process:

- Research/discussion

- Dispute formally raised with employer

- Discussion/negotiations with employer

- Settlement or commencement of proceedings in the Employment Relations Authority



Notable dispute cases of The Worker’s Advocate:

Mills v New Zealand Post Ltd  10 February 2014  [2014] NZERA Wellington 16

–successfully disputed entitlement clause of a collective employment agreement; back pay of $12,000


Hemmingson v Matthew Russell Andrew Swan t/a Barkers Groom Room & Anor  21 April 2016  [2016] NZERA Auckland 120 

– successfully disputed identity of employer; director found to be personally liable

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