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Results for personal grievance

Showing 145-152 of 363 results
Xuefeng Yang v ERA Home Limited [2026] NZERA 695 - migrant worker was an employee despite employer denying relationship

ERA Home denied that Xuefeng Yang had ever become its employee, despite a signed employment agreement, an approved work visa and evidence that he worked at its construction site. The ERA found an employment relationship existed, upheld unjustified dismissal and disadvantage claims, awarded $23,000 compensation and $8,008.20 lost wages plus holiday pay, and imposed a $3,000 penalty on the company.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

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.

Matched passage: Sending an employee away before a fair opportunity to comment can itself create a separate personal grievance even where a later investigation identifies genuine concerns.
Nicholas Stalker v Elevate Builders Limited [2026] NZERA 659 - apprentice dismissed by text after repeated wage problems

Apprentice builder Nicholas Stalker experienced repeated late and missing wage payments before being dismissed by text for alleged performance and misconduct without prior warnings, investigation or an opportunity to respond. The ERA upheld unjustified dismissal and disadvantage claims and ordered compensation, 13 weeks' lost wages, substantial arrears, notice pay, holiday pay, a penalty and costs.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Emily Barr v Brooker Travel Limited [2026] NZERA 651 - bullying complaint failures led to constructive dismissal

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.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Andrew McFarlane v Stuff Limited [2026] NZERA 623 - redundancy selection and redeployment failures made dismissal unjustified

Stuff had genuine commercial reasons to restructure, but it failed to properly establish that Andrew McFarlane's existing role was surplus before making him compete for a substantially similar role. The ERA found the dismissal unjustified, criticised the contestable selection and redeployment process, and awarded $25,000 compensation plus $30,840.98 gross lost remuneration and holiday pay.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
South Pole IP Holding (NZ) Limited v Hao [2026] NZEmpC 193 - constructive dismissal upheld

South Pole maintained that Xinhua Hao had agreed to resign, pressured him to leave, stopped providing meaningful work and refused to engage with him about work matters. The Employment Court upheld the ERA's constructive-dismissal finding.

Matched passage: ... [2025] NZERA 245 AndersonLaw summary of [2025] NZERA 245 If you are considering raising a Personal Grievance (PG), the applicable time limit can be critical. Employee Personal Grievance Case Form Read the full Employment Court judgment If the embedded PDF does not load on ...
David Turner v Big B Cartage Limited [2026] NZERA 581 - seven-minute disciplinary meeting led to unjustified dismissal

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.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

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