ClickCease

Results for dismissal process

Showing 97-104 of 270 results
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: Practical takeaways Probation is not a free pass: you still need fair process, feedback, and warning.
Medical Incapacity Dismissal
7 articles

An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.

Continue
Tracy Alpar v Bookieland Limited [2026] NZERA 191 - unsigned seasonal fixed term not enforceable; dismissal by WhatsApp; $12,000 compensation and $14,000 reimbursement

Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.

Matched passage: Because Bookieland proceeded on an incorrect fixed term premise and did not follow a dismissal process (investigation, raising concerns, and giving a meaningful opportunity to respond), it could not justify the dismissal.
Fire and Emergency New Zealand v Kinzett [2026] NZEmpC 119 - ERA dismissal finding overturned

Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.

Matched passage: nz/assets/Documents/Decisions/2026-NZEmpC-182-Fire-and-Emergency-New-Zealand-v-Kinzett.
Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage

Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.

Matched passage: ... effective 21 June 2024) Core issues: redundancy justification (substance and process), access to information / good faith, redeployment, remedies and costs Outcome: redundancy and dismissal substantively justified; process not fair overall; unjustified ...
Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 - resign or be fired ultimatum was unjustified dismissal

Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.

Matched passage: pdf"; } Yucen Xi v Silvertime Trading Limited [2026] NZERA 580 A store manager summoned Yucen Xi to an evening meeting without explaining its purpose, then gave her a choice between resigning and being fired.
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: Having chosen not to obtain an examination or await the neurological assessment, the employer could not use the continuing uncertainty as justification for dismissal.
Briar Kennedy v Adulto HR Limited [2026] NZERA 537 - missing trial clause and predetermined performance dismissal

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

Matched passage: In any event, a probationary period would not have removed Adulto's obligation to justify the dismissal under section 103A of the Employment Relations Act 2000.

Browse topics