Harry Sampson's proceeding against Lyttelton Port Company raised a preliminary 90-day time-limit issue before the merits of his personal grievance could be investigated. The employer argued the grievance was out of time; Mr Sampson relied on the communications by which he said it had been raised.
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Results for personal grievance
LGY sought interim reinstatement after being dismissed by a school board while the substantive personal grievance remained unresolved. The Board relied on serious allegations and workplace concerns, while LGY argued there was a strong arguable dismissal case and that reinstatement could operate pending a final hearing.
Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.
Melissa Williams was dismissed after a single day driving for S & M Haulage, which believed a 90-day trial applied and had genuine safety and resourcing concerns about her readiness for the role. The ERA examined whether there was a valid trial clause and whether she was given any chance to respond before termination.
Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.
Wendy Darrell's dispute with Canterbury Vehicle concerned the ending of her employment and associated employment entitlements. The ERA considered whether the employer's conduct met the justification standard and what compensation or payments were required for the breaches established.
Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.
Southshore Marine attempted to rely on a 90-day trial when dismissing Mr Gillard after concerns about his work. The timing of when employment actually commenced and the complete absence of a fair performance, conduct or capacity process were central issues.
