--- title: Unjustified Disadvantage description: Learn about unjustified disadvantages at work, your rights under ERA 2000, and steps to take for resolution and compensation with expert guidance from Solidarity Employment Advocacy. image: https://solidarityemploymentadvocacy.com/hubfs/34_-1.webp --- [Skip to content](https://solidarityemploymentadvocacy.com/useful_resources/unjustified-disadvantage-nz#main-content) [![Solidarity Employment Advocacy Logo Banner Auckland New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/SEAL%20Logo%20Banner.png?width=1584&height=396&name=SEAL%20Logo%20Banner.png)Homepage](https://solidarityemploymentadvocacy.com/) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Overview](https://solidarityemploymentadvocacy.com/services) - [How We Support Employees with Employment Disputes](https://solidarityemploymentadvocacy.com/services#how-we-support-employees) - [Employment Matters We Specialise In](https://solidarityemploymentadvocacy.com/services#employment-matters-we-specialise-in) - [Unfair Treatment At Work](https://solidarityemploymentadvocacy.com/unjustified-disadvantage) - [Unfair Dismissal](https://solidarityemploymentadvocacy.com/unjustified-dismissal-nz) - [Constructive Dismissal](https://solidarityemploymentadvocacy.com/constructive-dismissal) - [Workplace Bullying](https://solidarityemploymentadvocacy.com/workplace-bullying) - [Health and Safety Failures](https://solidarityemploymentadvocacy.com/health-and-safety-failures) - [Discrimination in the Workplace](https://solidarityemploymentadvocacy.com/discrimination-in-the-workplace) - [Harassment (including Sexual Harassment)](https://solidarityemploymentadvocacy.com/harassment) - [Retaliation or Victimisation](https://solidarityemploymentadvocacy.com/retaliation-or-victimisation) - [Redundancy (including Sham Redundancy)](https://solidarityemploymentadvocacy.com/redundancy) - [Procedural Failures](https://solidarityemploymentadvocacy.com/procedural-failures) - [Breaches of Good Faith](https://solidarityemploymentadvocacy.com/breaches-of-good-faith) - [Trial Periods](https://solidarityemploymentadvocacy.com/trial-periods) - [Breach of Minimum Protections](https://solidarityemploymentadvocacy.com/breach-of-minimum-protections) - [Pay and Wage Disputes](https://solidarityemploymentadvocacy.com/pay-and-wage-disputes) - [Leave Entitlement Breaches](https://solidarityemploymentadvocacy.com/leave-entitlement-breaches) - [Misclassification of Employment Status](https://solidarityemploymentadvocacy.com/misclassification-of-employment-status) - [Unjustified Disciplinary Action](https://solidarityemploymentadvocacy.com/unjustified-disciplinary-action) - [Workplace Stress and Mental Harm](https://solidarityemploymentadvocacy.com/workplace-stress-and-mental-harm) - [Privacy Breaches](https://solidarityemploymentadvocacy.com/privacy-breach) - [Exit Negotiation](https://solidarityemploymentadvocacy.com/exit-negotiation) - [Migrant Exploitation](https://solidarityemploymentadvocacy.com/migrant-exploitation) - [Employment Premiums](https://solidarityemploymentadvocacy.com/employment-premiums) - [Fixed-Term or Casual Employment Breaches](https://solidarityemploymentadvocacy.com/fixed-term-or-casual-employment-breaches) - [Employment Agreement Review and Negotiation](https://solidarityemploymentadvocacy.com/employment-agreement-negotiation) - [How It Works](https://solidarityemploymentadvocacy.com/services#how-it-works) - [Useful Resources](https://solidarityemploymentadvocacy.com/useful_resources) - [About](https://solidarityemploymentadvocacy.com#about) - [Contact](https://solidarityemploymentadvocacy.com/contact) [Get in touch](https://solidarityemploymentadvocacy.com/contact) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Overview](https://solidarityemploymentadvocacy.com/services) - [How We Support Employees with Employment Disputes](https://solidarityemploymentadvocacy.com/services#how-we-support-employees) - [Employment Matters We Specialise In](https://solidarityemploymentadvocacy.com/services#employment-matters-we-specialise-in) - [Unfair Treatment At Work](https://solidarityemploymentadvocacy.com/unjustified-disadvantage) - [Unfair Dismissal](https://solidarityemploymentadvocacy.com/unjustified-dismissal-nz) - [Constructive Dismissal](https://solidarityemploymentadvocacy.com/constructive-dismissal) - [Workplace Bullying](https://solidarityemploymentadvocacy.com/workplace-bullying) - [Health and Safety Failures](https://solidarityemploymentadvocacy.com/health-and-safety-failures) - [Discrimination in the Workplace](https://solidarityemploymentadvocacy.com/discrimination-in-the-workplace) - [Harassment (including Sexual Harassment)](https://solidarityemploymentadvocacy.com/harassment) - [Retaliation or Victimisation](https://solidarityemploymentadvocacy.com/retaliation-or-victimisation) - [Redundancy (including Sham Redundancy)](https://solidarityemploymentadvocacy.com/redundancy) - [Procedural Failures](https://solidarityemploymentadvocacy.com/procedural-failures) - [Breaches of Good Faith](https://solidarityemploymentadvocacy.com/breaches-of-good-faith) - [Trial Periods](https://solidarityemploymentadvocacy.com/trial-periods) - [Breach of Minimum Protections](https://solidarityemploymentadvocacy.com/breach-of-minimum-protections) - [Pay and Wage Disputes](https://solidarityemploymentadvocacy.com/pay-and-wage-disputes) - [Leave Entitlement Breaches](https://solidarityemploymentadvocacy.com/leave-entitlement-breaches) - [Misclassification of Employment Status](https://solidarityemploymentadvocacy.com/misclassification-of-employment-status) - [Unjustified Disciplinary Action](https://solidarityemploymentadvocacy.com/unjustified-disciplinary-action) - [Workplace Stress and Mental Harm](https://solidarityemploymentadvocacy.com/workplace-stress-and-mental-harm) - [Privacy Breaches](https://solidarityemploymentadvocacy.com/privacy-breach) - [Exit Negotiation](https://solidarityemploymentadvocacy.com/exit-negotiation) - [Migrant Exploitation](https://solidarityemploymentadvocacy.com/migrant-exploitation) - [Employment Premiums](https://solidarityemploymentadvocacy.com/employment-premiums) - [Fixed-Term or Casual Employment Breaches](https://solidarityemploymentadvocacy.com/fixed-term-or-casual-employment-breaches) - [Employment Agreement Review and Negotiation](https://solidarityemploymentadvocacy.com/employment-agreement-negotiation) - [How It Works](https://solidarityemploymentadvocacy.com/services#how-it-works) - [Useful Resources](https://solidarityemploymentadvocacy.com/useful_resources) - [About](https://solidarityemploymentadvocacy.com#about) - [Contact](https://solidarityemploymentadvocacy.com/contact) [Get in touch](https://solidarityemploymentadvocacy.com/contact) ![Unfair Treatment at work. Unjustified disadvantage. No Win No Fee. Employment Advocacy. Auckland New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/34_-1.webp?width=1024&height=512&name=34_-1.webp) # Unjustified Disadvantage ![Solidarity Employment Advocacy](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/Seal%20Logo%20zoom%20out%20for%20display%20pics.png?width=48&height=48&name=Seal%20Logo%20zoom%20out%20for%20display%20pics.png) Solidarity Employment Advocacy October 22, 2025 ## **What It Is** An **unjustified disadvantage** occurs when your employer’s actions or omissions negatively and unfairly affect your employment conditions, dignity, or wellbeing — even if you are not dismissed. This may include being excluded, having your duties changed without reason, or being treated unfairly compared to others. Under the **Employment Relations Act 2000 (ERA 2000)**, the key question is whether what the employer did, and how they did it, were what a *fair and reasonable employer could have done in all the circumstances* (**ERA 2000**, s 103A). ## **Your Rights and the Law** - **ERA 2000, s 103(1)(b)** — You can raise a *personal grievance* if you have been *unjustifiably disadvantaged* by an act or omission of your employer. - **ERA 2000, s 103A** — Sets the test for justification (both substance and process). - **ERA 2000, s 4** — Requires both parties to act in *good faith*: open, honest, and communicative dealings; disclosure of relevant information; and genuine consultation. - The *Court of Appeal* in **A Ltd v H \[2016\] NZCA 419** confirmed that justification is assessed objectively, considering all the circumstances, and that perfection is not required — only reasonableness. ## **Process (How a Case Proceeds)** 1. **Document & Collect Evidence** – Keep copies of correspondence, rosters, notes of conversations, and performance documents showing how you were disadvantaged. We will request your employer to provide your employment file as well. 2. **Raise a Personal Grievance** – You (or we on your behalf) must raise the grievance within 90 days of the disadvantage becoming known. 3. **Mediation** – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. 4. **Employment Relations Authority Hearing** – If mediation fails, a *Statement of Problem* is filed and the Authority investigates and issues a determination. 5. **Employment Court Appeal** – Either party may appeal on matters of law or serious procedural fairness issues. ## **Potential Outcomes / Remedies** - **Lost wages or benefits** — Reimbursement for any loss of income resulting from the disadvantage. - **Compensation** — For *hurt, humiliation, and injury to feelings* (under ERA 2000, s 123(1)(c)(i)). - **Reinstatement or correction of disadvantage** — Where feasible. - **Interest / Costs** — Often awarded where losses are proven. - **Partial reduction** — Possible under s 124 ERA 2000 if the employee contributed to the situation. ### **Recent Cases of Interest** #### **VXO v Health New Zealand – Te Whatu Ora (in respect of the former Northland District Health Board) \[2025\] NZEmpC 114** | Aspect | Details | | --- | --- | | **Main Facts** | Senior medical officer alleged procedural failures and unjustified disadvantage after being placed on *special leave* during a misconduct inquiry without consultation. Later dismissed for medical incapacity. | | **Legal Reasoning** | The Employment Court applied ERA 2000 s 103A and held that the employer’s investigation was sufficiently independent. Placing the employee on special leave without consultation breached process obligations but did *not* amount to an unjustified disadvantage when considered in context. | | **Outcome / Compensation** | Claim dismissed; no compensation awarded. The Court noted the flaw but held overall process reasonable. Non-publication orders were made. | #### **Cuc v Huynh \[2025\] NZERA 68 (Employment Relations Authority, February 2025)** | Aspect | Details | | --- | --- | | **Main Facts** | Employee alleged unjustified disadvantage and dismissal after the employer reduced hours, failed to pay holiday pay, and terminated employment abruptly. | | **Legal Reasoning** | The Authority found breaches of ERA 2000 ss 103 and 4 (good faith). Employer failed to provide written agreement and adequate notice; actions were not what a fair and reasonable employer could do under s 103A. | | **Outcome / Compensation** | Authority awarded reimbursement of lost wages, holiday pay arrears, and NZD 12 000 compensation for hurt and humiliation. | #### **Magnum Hire Ltd v Parker \[2024\] NZERA 85** | Aspect | Details | | --- | --- | | **Main Facts** | Employee alleged bullying, suspension, and constructive dismissal after ongoing hostile conduct and breach of contract. | | **Legal Reasoning** | Authority held employer’s behaviour amounted to multiple unjustified disadvantages under ERA 2000 ss 103(1)(b) and 4. Employer’s handling of complaints and communication breached good faith and trust obligations. | | **Outcome / Compensation** | Total award ≈NZD 310 000 including s123 compensation of NZD 50 000 for constructive dismissal, NZD 50 000 for bullying disadvantage, NZD 5 000 for suspension grievance, plus lost wages, penalties, and costs. | #### *Wilson v AZ Scaffolding (2017) Ltd \[2025\] NZEmpC 21* | Aspect | Details | | --- | --- | | **Facts** | The earlier Authority (NZERA) had ordered an employer to pay compensation for unjustified dismissal ($15,000) plus arrears, plus contributions toward costs. The employer failed to comply with multiple determinations and orders, including costs orders, and ignored further compliance applications. The employee sought a sanction in Court. | | **Legal Reasoning** | The Employment Court inferred the non-compliance was deliberate and found a serious breach under s 140(6)(d) ERA 2000 (power to impose fines). It deemed a fine appropriate because lesser measures had been ignored. | | **Outcome / Compensation** | The Court imposed a fine of NZD 10,000 under s 140(6)(d) for non-compliance, plus NZD 3,000 in costs. | ## **Take Action Today** If you feel you’ve been treated unfairly or disadvantaged at work, you don’t have to face it alone. Fill in the form at [**solidarityemploymentadvocacy.com/contact**](https://solidarityemploymentadvocacy.com/contact) to get in touch for a **no-obligation consultation** about your situation. Our advocates will assess your case, gather the facts, and pursue the justice and compensation you deserve. ## Share this post [mailto:https%3A%2F%2Fsolidarityemploymentadvocacy.com%2Fuseful_resources%2Funjustified-disadvantage-nz](mailto:https%3A%2F%2Fsolidarityemploymentadvocacy.com%2Fuseful_resources%2Funjustified-disadvantage-nz) ## Keep reading ### [![Employment Relations Amendment Bill 2025](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/Employment%20Relations%20Amendment%20Bill.png?width=1080&height=1350&name=Employment%20Relations%20Amendment%20Bill.png) What the Proposed Employment Relations Amendment Bill 2025 Actually Means for Workplaces](https://solidarityemploymentadvocacy.com/useful_resources/amendment_bill) ### [![Contractor vs Employee. Sham Contracts. No Win No Fee. Employment Advocate Auckland. Contract Review.](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/20_.webp?width=1200&height=1200&name=20_.webp) Contractor vs Employee? Know Your Rights and Get What You’re Owed!](https://solidarityemploymentadvocacy.com/useful_resources/contractor-or-employee-know-your-rights-and-get-what-youre-owed) [![Solidarity Employment Advocacy Logo Banner Auckland New Zealand No Win No Fee Employment Law](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/33_.webp?width=1584&height=396&name=33_.webp "Solidarity Employment Advocacy Logo Banner Auckland New Zealand No Win No Fee Employment Law")](https://solidarityemploymentadvocacy.com/) While we are based in Central Auckland we represent employees across New Zealand [mailto:mailto:contact@solidarityemploymentadvocacy.com](mailto:mailto:contact@solidarityemploymentadvocacy.com)[tel:+64223199356](tel:+64223199356)[sms:+64223199356](sms:+64223199356) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Useful Resources](https://solidarityemploymentadvocacy.com/useful_resources) - [About](https://solidarityemploymentadvocacy.com#about) - [Contact](https://solidarityemploymentadvocacy.com/contact) --- © 2025 Solidarity Employment Advocacy Limited. All rights reserved. Legal Disclaimer: Solidarity Employment Advocacy is an employment advocacy company, not a law firm. We do not provide legal advice or perform work reserved for lawyers under the Lawyers and Conveyancers Act 2006. Our services operate under s236 of the Employment Relations Act 2000. For more information click **[here](https://solidarityemploymentadvocacy.com/disclaimer)**. ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Solidarity Employment Advocacy", "url" : "https://solidarityemploymentadvocacy.com/useful_resources/author/seal" }, "dateModified" : "2025-10-25T02:00:22.401Z", "datePublished" : "2025-10-22T00:51:32.000Z", "headline" : "Unjustified Disadvantage", "image" : [ "https://solidarityemploymentadvocacy.com/hubfs/34_-1.webp" ], "mainEntityOfPage" : { "@id" : "https://solidarityemploymentadvocacy.com/useful_resources/unjustified-disadvantage-nz", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://solidarityemploymentadvocacy.com/hubfs/SEAL%20Logo%20Banner-1.png" }, "name" : "Solidarity Employment Advocacy" } } ```