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Results for trial period dismissal

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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.
No Win No Fee Employment Lawyer NZ | Personal Grievance & Dismissal Help

Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.

Matched passage: Unjustified dismissal Employees commonly search for a no win no fee unfair dismissal lawyer after being dismissed for misconduct, performance, medical incapacity, absence, restructuring or another stated reason.
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.
Employment Lawyers and Advocates
13 articles

People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.

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