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Results for personal grievance

Showing 113-120 of 282 results
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: Short service does not remove personal grievance rights: an employee can still receive lost wages, compensation, penalties and costs even after a short period of employment.
Conner Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 480 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Conner Powell was made redundant by OH and N Contracting as forestry work wound down and no replacement work had been secured. The ERA accepted that business pressure was genuine but examined whether the employer consulted before deciding the redundancy and complied with notice and record obligations.

Matched passage: No contribution reduction The Authority had to consider whether Mr Powell's own actions contributed to the situation that gave rise to the personal grievance.
Philip Powell v OH and N Contracting Limited and Bradley Mooney [2026] NZERA 481 - genuine redundancy reason but no consultation, notice-pay breach and director recovery

Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.

Matched passage: No contribution reduction The Authority had to consider whether Mr Powell's own conduct contributed to the situation that gave rise to the personal grievance.
FEC v HES [2026] NZERA 475 - constructive dismissal failed but unjustified disadvantage found over home visits

FEC was a beginning school principal whose relationship with the board deteriorated after a parent-related incident. Among the challenged conduct were after-hours visits by the presiding member to FEC's home to deal with school employment matters, followed eventually by FEC's resignation.

Matched passage: A failed dismissal claim does not end the analysis: the Authority can still find a different form of personal grievance where the evidence supports it.
OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Qi Sun v Keene Construction Limited [2026] NZERA 465 - builder dismissed by text after querying apprenticeship costs

Qi Sun was an apprentice builder with Keene Construction when he queried an unpaid $300 apprenticeship-cost payment. The director then texted that there would not be a company and told him not to bother coming to work, creating a dispute about whether those messages amounted to dismissal.

Matched passage: The Authority found there was no evidence that Mr Sun contributed to the circumstances giving rise to the personal grievance; on the contrary, he had actively sought clarification from Mr Smith about his employment status.

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