Latest legal updates

Contributory conduct in an unjustified dismissal: how it could mean no remedies

23 January 2026

Even if a dismissal is found to be unjustified because an employer failed to follow a fair process, an employee may still receive no remedies if their own conduct significantly contributed to the situation. In Stewart v OCDL [2025] NZERA 330, the Employment Relations Authority found that although OCDL had serious procedural flaws in its disciplinary process, Mr Stewart’s conduct, including breaching confidentiality, acting in his own financial interests, and failing to disclose a conflict of interest, was the primary cause of his dismissal. As a result, the Authority applied a 100% reduction of remedies, awarding no compensation or lost wages under sections 123 and 128 of the Employment Relations Act 2000.

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Contributory conduct in an unjustified dismissal: how it could mean no remedies

Even if a dismissal is found to be unjustified because an employer failed to follow a fair process, an employee may still receive no remedies if their own conduct significantly contributed to the situation. In Stewart v OCDL [2025] NZERA 330, the Employment Relations Authority found that although OCDL had serious procedural flaws in its disciplinary process, Mr Stewart’s conduct, including breaching confidentiality, acting in his own financial interests, and failing to disclose a conflict of interest, was the primary cause of his dismissal. As a result, the Authority applied a 100% reduction of remedies, awarding no compensation or lost wages under sections 123 and 128 of the Employment Relations Act 2000.

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Tracking the Trend: Employee Interim Reinstatement Applications Can an employee be reinstated while a dismissal claim is still being resolved? Only in rare cases. In this article we look at the case of Scott v Damar Industries Limited, where the Employment Court confirmed that interim reinstatement is an exceptional remedy. Link

Christmas Special: Employment law tips for the holiday season As the festive season approaches, it’s the perfect time for employers to start planning, not just for a well-earned break, but for the unique workplace issues that can arise at this time of year. Link

Major Overhaul of the Fair Trading Act: What the New Penalties Mean for Retailers The Government has announced substantial reforms to the Fair Trading Act (“FTA”), with a bill expected to be introduced to Parliament next year. While supermarkets have been specifically referenced as a focus point of the amendments, following multiple supermarkets pleading guilty to FTA offences earlier this year, these changes will apply to all businesses. Link

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Airports Newsletter - December 2025

17 December 2025

We want to take a moment to thank you for your instructions and trust throughout 2025. It has been a pleasure to support you with your legal matters, whether navigating day to day issues or tackling more complex challenges.

We hope the coming weeks bring you rest, some sunshine and time with those who matter most. We are excited to continue working with you in the New Year.

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Airports Newsletter - December 2025

We want to take a moment to thank you for your instructions and trust throughout 2025. It has been a pleasure to support you with your legal matters, whether navigating day to day issues or tackling more complex challenges.

We hope the coming weeks bring you rest, some sunshine and time with those who matter most. We are excited to continue working with you in the New Year.

Link

Ford Sumner Announces Promotions Across Commercial and Construction Teams

Ford Sumner is pleased to announce the promotion of three team members, reflecting the firm’s continued growth and the depth of talent across its practice areas.

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