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Results for personal grievance

Showing 73-80 of 363 results
LIEN v HUYNH [2025] NZERA 70 - trial-period defence fails; dismissal and underpayment grievance succeed

Ms Lien was dismissed from a nail salon after allegations about outside work and later criticism of her performance. The employer also relied on a 90-day trial defence and disputed wages, although the alleged performance concerns had not been properly raised during employment.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Employment Relations Authority (ERA): steps before filing and attending an ERA Investigation Meeting

The steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.

Matched passage: Unfair dismissal claims After dismissal occurs, and where an unjustifiable dismissal claim is to be taken, the employee and their personal grievance is at the bottom of the employer's list of priorities.
Employment Services Limited v Resink [2026] NZEmpC 186 - constructive dismissal upheld

Employment Services pursued serious-misconduct allegations without adequately identifying them or providing requested information. Its unagreed visit to Frank Resink's home to recover a company vehicle became the last straw in continuing breaches of good faith.

Matched passage: ... [2025] NZERA 104 AndersonLaw summary of [2025] NZERA 104 If you are considering raising a Personal Grievance (PG), the applicable time limit can be critical. Employee Personal Grievance Case Form Read the full Employment Court judgment If the embedded PDF does not load on ...
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Faitala and Vea v Pacific Island Business Development Trust [2026] NZEmpC 53 - disadvantage findings and remedies varied

Mr Faitala and Mrs Vea were made redundant by Pacific Island Business Development Trust during a flawed restructure. Their Employment Court challenge focused on pre-dismissal disadvantage during the process and the proper level of lost-remuneration and compensation remedies.

Matched passage: A claimant seeking more than the statutory three-month lost-remuneration starting point needs cogent evidence about causation, mitigation and the employment prospects that would probably have existed but for the grievance.
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: The threshold for such dismissal is high, and given the findings in Mr April's favour on personal grievances and arrears, the threshold was plainly not met.
Sidney Yu and Jing Tham v Queenstown Nursery Limited [2026] NZERA 446 - casual employment, fixed assignment and unjustified dismissal

Sidney Yu and Jing Tham were engaged by Queenstown Nursery for temporary plant work and were later selected to stop working, with the employer relying on weather and alleged comparative inefficiency. The case concerned whether the casual or short-assignment characterisation justified ending their work without a fair process.

Matched passage: Contribution must be proved: remedies will not be reduced just because the employer is unhappy that a grievance was raised.

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