Former 'casual' worker unjustifiably dismissed after ERA finds role was effectively permanent
An Auckland nutraceutical manufacturer has been ordered to pay a former production worker thousands of dollars in unpaid wages, compensation, penalties and costs, after the company failed to comply with earlier rulings and then lost a bid to halt enforcement.
The Employment Relations Authority issued this month a compliance determination after finding that the employer had breached previous orders issued in March and May 2025 and that there was "little sign" it intended to make payment despite the lengthy delay.
"Standing back and considering the matter overall, a compliance order should be made," said ERA member Sarah Blick in the order, exercising powers under the Employment Relations Act 2000 to require compliance with the earlier decisions.
Relationship found to be permanent, not casual
The compliance decision follows a detailed substantive determination in March 2025, also by Blick, which examined the real nature of the working relationship.
The company had argued the worker was a casual employee with no ongoing obligation to provide work between engagements. The Authority rejected that characterisation.
Time and pay records showed the worker performed production operator duties on what were effectively full‑time hours over about 10 months, typically working four to six days a week, often from 8am to 5pm or later.
"The nature of [the employee's employment] was clearly...
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