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Results for trial period dismissal

Showing 113-120 of 169 results
Ronald Thomas Shea v STLand Contracting Limited (in liquidation) [2026] NZERA 420 - dismissed by phone without a process

Ronald Shea's hours at STLand Contracting fell sharply before he was told by phone that there was no more work for him. He also alleged bullying and an unsafe workplace, while the employer had undertaken no redundancy or dismissal consultation.

Matched passage: He was not paid for the notice period or his annual leave, and later raised personal grievances for unjustified dismissal, unpaid entitlements and workplace bullying.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: ... issues: casual versus permanent employment; removal of shifts; no further shifts offered; dismissal by cessation of work; first written warning; toilet break route deviation Dismissal outcome: unjustified dismissal established Disadvantage outcome: first written warning was ...
Shaoqiang Chen v Wen Hui Lin [2026] NZERA 307 - cash-paid cook unjustifiably dismissed, minimum wage arrears and penalties ordered

Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.

Matched passage: This case involved long, regular, full-time hours over a period of weeks.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: ARML failed to adequately consider alternatives to dismissal because it had closed its mind to options short of dismissal.
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: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
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.
Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.

Matched passage: Remedies reflected the short period of employment The Authority awarded eight weeks' lost wages, calculated at $37 per hour for 41 hours per week, totalling $12,136 gross.
Fatima Fahmy v Minimarc Childcare Centre Inc [2026] NZERA 585 - performance dismissal lacked objective assessment

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Matched passage: ... Centre Incorporated, trading as Marc Early Learning Centre Role: registered ECE teacher Dismissal: 3 July 2025 Determination: 24 August 2026 Outcome: unjustified dismissal Reinstatement: ordered Lost wages: from dismissal to 30 April 2026, less casual earnings Compensation: ...

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