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Results for performance dismissal

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Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Matched passage: Constructive dismissal failed Mr Colyer resigned on 21 October 2024.
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: The Employment Relations Authority found the redundancy dismissal unjustified and awarded $11,000 compensation.
Prasath Balachandariyar v Civtec Limited [2026] NZERA 302 - redundancy selection unfairly used asthma and wrist injury; compensation and lost wages ordered

Prasath Balachandariyar was selected for redundancy after workplace health issues including asthma and a wrist injury became part of the employer's assessment. He argued the selection process unfairly used his medical circumstances and that the employer had not conducted a fair redundancy process.

Matched passage: ... workplace wrist injury; modified duties; Records of Conversation; sick leave; unjustified dismissal; unjustified disadvantage; remedies Outcome: the redundancy rationale and process were accepted, but the selection scoring was unfair and the dismissal was unjustified; Civtec ...
Employment advocates: what we do in mediation, the ERA, and Employment Court

What employment advocates actually do for employees and employers in mediation, ERA investigations and Employment Court litigation, including case assessment, evidence, negotiation and representation.

Matched passage: Employment Law Advocates We are resolution focussed and we often offer a no win no fee service to employees in taking their unfair dismissal cases forward.
Jasmine Woollett v Commissioner of Police [2026] NZERA 53 - Fiji deployment recall and unfair process; $21,000 compensation

Senior Sergeant Jasmine Woollett challenged decisions surrounding her Fiji deployment, including her recall and the process Police used after her working relationship with a deployment manager deteriorated. Her claim was for unjustified disadvantage rather than dismissal.

Matched passage: Her July 2023 performance review was positive.
Redundancy Advice for Employers NZ | Restructure, Consultation and PG Risk

Employer redundancy guidance covering genuine business reasons, proposal documents, disclosure, consultation, selection criteria, redeployment and the personal-grievance risks of a predetermined process.

Matched passage: Redundancy is not a shortcut around performance management One of the biggest risks for employers is using redundancy to remove a particular employee because of personal conflict, poor performance, or frustration.
Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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