Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for trial period dismissal
Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.
Lita Beattie worked as Head Chef/Kitchen Manager in a relationship the respondent treated inconsistently and left with significant wage arrears. The ERA had to determine employee status, unpaid entitlements and whether employer conduct forced her resignation.
Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.
Construction workers Nan Jia and Huachao Hou alleged FX NZ made unlawful rent deductions from wages and failed to pay public-holiday, annual-leave and other minimum entitlements. Their case combined employment-standard claims with personal-grievance issues about the employer's treatment of them.
Big B Cartage said Mr Tyack had resigned by text, while Tyack maintained he had not and later attempted to return after a period of medical incapacity. The case turned on who actually ended the employment relationship and whether the employer could rely on the alleged resignation.
Neil Armstrong worked for Surplus Brokers in an arrangement the employer characterised as casual. The dispute concerned whether he had actually been dismissed, whether the casual label affected his rights, and the employer's failures to provide compliant employment documentation.
Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.
