Case Studies

Membership provides Resources and Case Studies based on real-life situations across many different business topics.

Grace Team Accounting Limited v Brake:  The case of Brake involved an accountant who had been working at one of the big accounting firms in New Zealand.  She left that firm to work for Grace Team Accounting Limited. Six months after commencing employment for Grace Team Accounting Limited, Ms Brake was made redundant.  Ms Brake raised a personal grievance for unjustified dismissal. The parties could not resolve the issues and the case ended up in the Court of Appeal.

What was the court decision?

The Court of Appeal decided in Ms Brake’s favour and in doing so, it broadened an employer’s requirements when undertaking a restructure. The Court also widened its own ability to look under “the veil” of the employer’s decision-making regarding the restructure. The impact of this decision means that:

1. The judges can now examine the merits of an employer’s claimed reasons for redundancy.
2. An employer will have to justify the grounds on which a restructure has been proposed.

Membership will empower you with information to think firstly before you act and most importantly seek expert advice on the subject from The Engine’s Providers.  Expert advice will save you valuable time and money.