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Results for performance dismissal

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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: The proposal noted the declining financial performance and proposed disestablishing three senior roles: (1) manager people and culture (already vacant), (2) a senior administrator, and (3) Mr Clarke's COO role.
Disciplinary Investigations for Employers NZ | Misconduct and Complaints

Employer guide to disciplinary investigations: framing allegations, preserving evidence, interviewing witnesses, disclosure, representation and keeping the investigation separate from the final disciplinary decision.

Matched passage: ... factual findings, the decision-maker's reasoning, and evidence that alternatives to dismissal were considered where relevant. Related employer help pages These pages may also assist: Dismissal and disciplinary process for employers NZ - moving from investigation ...
Workplace investigations in New Zealand: what "fair and reasonable" looks like

What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.

Matched passage: Personal grievances and the objective test (ss 103 and 103A) Most investigation disputes show up as personal grievances for unjustified dismissal, or unjustified disadvantage.
Unjustified Disadvantage
84 articles

Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.

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Casual Employment
9 articles

Casual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.

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