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Results for personal grievance

Showing 129-136 of 282 results
Aaron Potter v Talley's Limited [2026] NZERA 412 - flawed HSR election disciplinary process and unjustified dismissal

Aaron Potter was disciplined and dismissed by Talley's after disputes surrounding a health and safety representative election and communications involving other employees. The case focused on whether Talley's properly investigated the competing accounts and relevant messages before deciding serious misconduct was established.

Matched passage: He had not behaved in a culpable or blameworthy way that contributed to the personal grievance.
Neil Hall v Consultex Company Limited [2026] NZERA 410 - genuine redundancy but unjustified process

Neil Hall was made redundant from Consultex's Northland asbestos and mould work after a downturn that gave the employer a genuine reason to reduce headcount. The dispute centred on whether Consultex complied with its good-faith information and consultation obligations before choosing and implementing the redundancy.

Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Four Applicants v A Respondent [2026] NZERA 407 - union activity discrimination, duress, and work-from-home disadvantage

Four salaried union members alleged that a senior manager pressured them over strike action and delegate activity and that striking staff were temporarily denied discretionary work-from-home access. The non-publication case tested discrimination and duress protections connected with lawful union activity.

Matched passage: This particular personal grievance was therefore not established.
Rakai Tawhiwhirangi v Chief Executive of the Department of Corrections [2026] NZERA 402 - unjustified dismissal after self-defence acquittal

Corrections dismissed prison officer Rakai Tawhiwhirangi for alleged unjustified use of force after an incident that also resulted in a criminal prosecution in which he was acquitted on self-defence grounds. The ERA examined the employer's independent investigation, the evidence available and the fairness of the serious-misconduct conclusion.

Matched passage: Because that conclusion resolved the central grievance, it did not need to determine each additional disadvantage claim separately.
Rachel Hankins v Huhtamaki Henderson Limited [2026] NZERA 379 - valid fixed term but unjustified early termination

Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.

Matched passage: The Authority therefore found a separate personal grievance for unjustified disadvantage, in addition to the unjustified dismissal.
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: ZZP later raised a personal grievance of unjustified dismissal.

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