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Results for trial period dismissal

Showing 81-88 of 209 results
CULLY v THE WORK SHOP LIMITED (IN LIQUIDATION) [2025] NZERA 507 - constructive-dismissal and wage claims; $12,000 ordered

Mr Cully resigned from The Work Shop Limited and alleged the employer's breaches were serious enough to amount to constructive dismissal. He also sought unpaid wages and compensation, requiring the ERA to determine whether his resignation was legally attributable to the employer's conduct.

Matched passage: The Authority notes that The correct approach4 in constructive dismissal cases where breaches are alleged is to firstly conclude whether the resignation has been caused by a breach of duty on the part of the employer.
UDUMULLAGA v HOPKINS JOINERY LIMITED [2025] NZERA 270 - employer-prepared resignation and redundancy dismissal unjustified

Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.

Matched passage: ... but was told by Hopkins not to attend work, through to the date she received the dismissal letter on 28 November 2023. A penalty of $3,000 being a failure to pay wages when due for the period 16 November to her dismissal on 28 November 2023. It is submitted that this ...
PAYNE and Ors v CHIEF EXECUTIVE OF THE MINISTRY FOR PRIMARY INDUSTRIES and Anor [2025] NZERA 79 - Preliminary strike-out (settlement/estoppel) issues

A group of MPI employees sought to pursue claims arising from roster and restructure changes despite earlier litigation and a mediated settlement. The preliminary determination addressed whether the claims were barred by the certified settlement, estoppel or the Authority's jurisdiction.

Matched passage: Trial-period disputes often come down to strict compliance with s 67B and the written agreement.
O'BRIEN v THE PLATFORM MEDIA NZ LIMITED [2025] NZERA 57 - NDA disadvantage and redundancy dismissal unjustified

The Platform Media made Ms O'Brien redundant after a period of absence and a dispute that also involved a proposed NDA. The ERA examined whether redundancy was the true predominant reason, whether alternatives and redeployment were genuinely considered, and whether the NDA process caused disadvantage.

Matched passage: Ms O'Brien claims lost wages for the period 17 February 2023, that being the date of the investigation meeting relating the other proceedings in the Authority, to 15 June 2024, that being the date of dismissal.
PIACUN v COOPER NO 1 LIMITED and Anor [2025] NZERA 32 - business sale did not avoid notice; dismissal unjustified

Cooper No 1 sold its business and told Ms Piacun her employment was ending, without paying a notice period. The ERA considered whether the sale itself ended employment or whether Cooper had taken the initiative to terminate her contract.

Matched passage: At a glance Citation: [2025] NZERA 32 Registry: Auckland Parties: PIACUN v COOPER NO 1 LIMITED and Anor Authority member: Antoinette Baker Hearing date: 1 October 2024 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
JURY v BUCI LIMITED [2025] NZERA 7 - permanent part-time status, unjustified disadvantage and constructive dismissal

Buci described Ms Jury as casual despite a long pattern of regular shifts. When her hours were cut and the restaurant later insisted she sign a casual agreement before continuing to work, she claimed unjustified disadvantage and constructive dismissal.

Matched passage: Her departure was a constructive dismissal and the dismissal was unjustified.
LJB v EBD [2026] NZERA 78 - resigned employee sent home mid-notice with no process; dismissal unjustified; $16,500 compensation plus $9,000 penalties for withheld wages and missing time records

LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.

Matched passage: In the days after being sent away, LJB emailed the senior manager saying she had been "fired" and asking to be paid without deductions.
Kevin Whelan v The Board of Trustees of Lindisfarne College [2026] NZERA 558 - justified dismissal but notice breach caused disadvantage

Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.

Matched passage: Why this case matters Whelan v Lindisfarne College shows that a personal grievance can succeed in one respect even where dismissal itself is justified.

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