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Results for trial period dismissal

Showing 137-144 of 169 results
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.

Matched passage: ... engineered resignation; continuity of employment; Holidays Act entitlements; constructive dismissal; redundancy arising from a business sale; redeployment; consultation; notice; unpaid wages; penalties and interest Findings: continuous employment for Holidays Act purposes; ...
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: Because the redundancy situation itself was genuine, the Authority considered lost wages were not usually awarded in the same way they may be after a disciplinary dismissal.
Devon Whitham v Brutalitees Limited and Christine Dawson [2026] NZERA 325 - tattoo and piercing apprentice was an employee, not a contractor

Devon Whitham entered a tattoo and piercing apprenticeship that Brutalitees described as unpaid and contractor-like despite exercising close control over her work. The case concerned her true employment status, unpaid work and the heated meeting at which the relationship ended.

Matched passage: There was no genuine consideration of any explanation before dismissal.
Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee performed management, HR and operational work across JNJ group businesses before duties were removed and her position was later declared redundant. She challenged both the unilateral reduction of responsibilities and the redundancy process, together with wage and holiday-pay issues.

Matched passage: The ERA treated the allegation as serious and found that, if known while the employment relationship was still on foot, it could potentially have resulted in dismissal.
Prasath Balachandariyar v Civtec Limited [2026] NZERA 302 - redundancy selection unfairly used asthma and wrist injury; compensation and lost wages ordered

Prasath Balachandariyar was selected for redundancy after workplace health issues including asthma and a wrist injury became part of the employer's assessment. He argued the selection process unfairly used his medical circumstances and that the employer had not conducted a fair redundancy process.

Matched passage: ... workplace wrist injury; modified duties; Records of Conversation; sick leave; unjustified dismissal; unjustified disadvantage; remedies Outcome: the redundancy rationale and process were accepted, but the selection scoring was unfair and the dismissal was unjustified; Civtec ...
Mereana Kennedy v Remarkable People Limited [2026] NZERA 296 - account manager constructively dismissed after employer failed to properly respond to safety concerns about candidate; $20,000 compensation ordered

Mereana Kennedy resigned from Remarkable People after repeated unwanted communications from a candidate created safety concerns and the employer's protective arrangements failed to resolve the problem. She alleged the employer did not properly investigate or respond when the safety plan proved ineffective.

Matched passage: ... Key issues: 90 day personal grievance notification; casual employment label; constructive dismissal; safe workplace; good faith; contribution; remedies Outcome: personal grievance raised in time for the core safety and sanction issues; constructive dismissal established; ...
Thomas Patrick Kenna v Anztec Limited [2026] NZERA 120 - redundancy found genuine but consultation defective; unjustified disadvantage; $15,000 compensation

Thomas Kenna was made redundant from Anztec after a restructuring that the ERA accepted had a genuine business basis. He challenged alleged predetermination and the employer's failure to proactively disclose information needed to understand and respond to the proposal.

Matched passage: Outcome: Redundancy was genuine and dismissal substantively justified, but significant good faith/consultation defects meant unjustified disadvantage was upheld.
Adam Gifford v Uma Broadcasting Limited [2026] NZERA 96 - redundancy unjustified for consultation failures and no redeployment discussion; $24,230 lost wages, $19,000 compensation, $1,500 penalty

After 18 years at Radio Waatea, senior journalist and editor Adam Gifford was selected for redundancy in a restructure merging English and Māori newsroom functions. The employer had genuine business reasons but did not fairly disclose key proposal information, clearly identify his role as at risk or consult over redeployment.

Matched passage: He also sought a penalty because UMA withheld his final pay for a period, using the withheld wages to pressure him to return company property.

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