ERA rules that FENZ's broken promise left employee disadvantaged at work
A ruined friendship sparked by a dispute over superannuation eligibility has led to a finding that Fire and Emergency New Zealand (FENZ) unjustifiably disadvantaged one of its senior advisors, the Employment Relations Authority (ERA) has ruled.
The ERA upheld one of three personal grievances brought by the senior advisor and ordered FENZ to pay $13,000 in compensation for humiliation, loss of dignity, and injury to feelings. Other grievances, including a claim of constructive dismissal, were rejected.
The advisor, a long-serving firefighter who later returned to FENZ as an Advisor Community Readiness and Recovery, believed he had been accepted into the New Zealand Fire Service Superannuation Scheme (FireSuper) in 2022 after payroll told him his application had been "actioned" and that he would see FireSuper contributions from his next pay.
However, he was never enrolled and remained in KiwiSaver. In January 2024, after discussing superannuation with a close colleague and friend in a similar role, he discovered he was not in FireSuper, while the colleague was.
When he queried the situation, the advisor told FENZ that a comparable returning employee had been allowed into FireSuper and said this had "set a precedent."
A Senior People Advisor asked for the colleague's name, saying it could be used "as a case" for him.
"I will not use that person's name as a way to get him or her removed...
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