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Results for 90 day trial

Showing 137-144 of 255 results
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: Payment deadline: within 28 days of the determination.
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 email also said that no handover was required, directed Ms Hankins to return all company property to the Otahuhu office by midday on 8 August, said final pay through 15 August would be processed by 15 August, and thanked her for her contributions.
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.

Matched passage: During 2019, Martin and Deborah Day acquired that business.
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: The plan was for ZZP to work three half-days from 7 to 11 October, five half-days from 14 to 25 October, and then five full days from 28 October 2024.
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: If costs were not resolved, Mr McDonald could lodge and serve a memorandum on costs within 28 days of the determination, with Traffica then having 14 days to reply.
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: The dismissal by text message On 18 November 2024, Mr Huntley-Byrne was unsure whether he was rostered to work because of the messages sent the previous day.
Todd Dormer v Rhino-Rack New Zealand Limited [2026] NZERA 353 - ambiguous commission clause, Sales Commission Scheme, and unjustified disadvantage

Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.

Matched passage: If costs were not resolved, Mr Dormer could lodge and serve a memorandum on costs within 28 days, with Rhino-Rack then having 14 days to reply.
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: He said that, at the beginning of the relationship in July 2024, he was paid cash at $20 per hour for full-time work between Monday and Friday.

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