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Results for trial period dismissal

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Eun Joo Kim v Sage & Umber Limited and Pei Su [2026] NZERA 555 - public attack caused constructive dismissal

Café owner Pei Su loudly questioned chef Eun Joo Kim's competence and honesty in front of staff and told her she could go if she could not do the job. Ms Kim left immediately after the confrontation.

Matched passage: If the employer's repudiatory conduct causes the employee to leave and resignation is reasonably foreseeable, it can amount to constructive dismissal even after only a brief period of employment.
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: The dismissal was unjustified.
Sukhmanpreet Singh v JIT Limited, Davinder Pal and Harmanpreet Kaur Sandhu [2026] NZERA 453 - forced leave request, unjustified suspension and dismissal

Sukhmanpreet Singh's dispute with JIT arose after he was pressed to submit an annual-leave request and a confrontation followed. JIT then cancelled his shifts on claimed mental-stress grounds and later dismissed him for serious misconduct, while the ERA examined the conduct of both sides.

Matched passage: ... date: 8 July 2026 Role: retail assistant in liquor stores at Mount Roskill and Whangaparaoa Dismissal reason given: serious misconduct / aggressive behaviour towards a female director Suspension: cancellation of shifts from 3 to 15 December 2024 was an unjustified suspension ...
Filisi Beswick v Friendly Loans Limited [2026] NZERA 436 - medical incapacity dismissal without a fair inquiry

Friendly Loans dismissed Filisi Beswick for medical incapacity less than four weeks after hospitalisation, despite updated information that her condition had improved and requests to discuss returning or working from home. The employer also deducted $2,439.09 from her final pay for a loan.

Matched passage: ... 12 May 2026, Auckland Determination date: 2 July 2026 Role: sales officer Employment period: 17 August 2015 to 29 October 2024 Key issues: medical incapacity; reasonable recovery period; medical information; employee input; alternatives to dismissal; lawful wage ...
Ilalio Solomona v Auckland Council [2026] NZERA 418 - conflict of interest dismissal unjustified

Ilalio Solomona was dismissed by Auckland Council after conflict-of-interest concerns about his outside personal-training business. Although his employment obligations could legitimately restrict outside activity, the disciplinary process did not put the contractual obligations actually relied on to him for response.

Matched passage: ... date: 26 June 2026 Role: Fitness Instructor, Birkenhead Pool and Leisure Centre Dismissal: Summary dismissal for alleged serious misconduct on 7 February 2025 Key issues: outside personal-training business; conflict declarations; social-media videos made at the ...
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: ... Determination date: 9 June 2026 Role: foreman / experienced concrete worker Employment period: May 2022 to 14 May 2024 Key issues: on-the-spot summary dismissal; heated worksite exchange; alleged aggressive conduct; final written warning; failed THC test; procedural ...
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: ... Determination date: 5 June 2026 Business: Hind Quarters café in Waverley Employment period: 5 June 2024 to 18 November 2024 Role: café worker / kitchen and front of house duties Key issues: close-up duties; alleged rule breaches; final warning letter; dismissal by text ...
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: The dismissal was unjustified The dismissal decision was based on cumulative findings of misconduct and serious misconduct.

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