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Results for trial period dismissal
Who may be liable when a labour-hire worker is removed from a host workplace: the agency employer, the controlling third party, or both under New Zealand's triangular-employment provisions.
![Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.
Emily Barr complained about repeated belittling and dismissive treatment by her manager. Brooker Travel obtained an external investigation but then failed to adequately protect her, disclose the final report or provide a workable return-to-work plan. The ERA found unjustified disadvantage and constructive dismissal, awarding $20,000 compensation and six months' lost wages with associated entitlements.
Big B Cartage dismissed truck driver David Turner for serious misconduct after a seven-minute meeting without identifying the allegations or disclosing the text message relied on. The ERA found the dismissal unjustified and awarded $9,750 compensation after a 25 percent contribution reduction.
JHJ challenged a dismissal by IXX in a proceeding subject to temporary non-publication. The ERA considered whether the employer had substantive and procedural justification and what lost remuneration and distress compensation should follow if the grievance succeeded.
Shenwei Zhang worked for Fat Dragon Restaurant Management under an arrangement the employer described as casual. After the relationship deteriorated, his work was ended through WeChat and he pursued dismissal, wage and holiday-pay claims.
Yoga Limited ultimately admitted that Xiaomeng Feng's dismissal was unjustified, leaving the ERA to determine lost wages, compensation, contribution and a claimed good-faith penalty. The employer relied on performance and communication concerns to seek a reduction.
GPC treated Ms Parker-Jones as having abandoned her employment after a period involving significant medical issues and absence. The ERA examined whether the employer had enough information and followed a fair process before treating the relationship as ended.
