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Results for disciplinary

Showing 105-108 of 108 results
Thuy v Huynh [2025] NZERA 74 - 90-day trial failed; dismissal for seeking employment advice unjustified

A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.

Matched passage: An employer cannot treat an employee's attempt to obtain employment-law advice as misconduct justifying dismissal.
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: In summary, On 13 December 2023, Ms Huynh sent Ms Lien a letter alleging that she was working for another salon, and that this could amount to serious misconduct and a conflict of interest.
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.

Matched passage: The Authority notes that However, The Authority did not accept that the allegations of misconduct were irrelevant to the decision to proceed with issuing the restructuring proposal, nor were they irrelevant to decision to implement the proposal or to dismiss ADO.
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: Give notice if required: if you dismiss after probation ends, your contractual notice terms normally apply (unless serious misconduct is proven).

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