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Results for poor performance

Showing 9-16 of 23 results
Thuy v Huynh [2025] NZERA 74 - 90-day trial failed; dismissal for seeking employment advice unjustified

A nail technician was dismissed during a purported 90-day trial after seeking advice about her employment rights. The employer had not complied with the notice requirement in its own trial clause.

Matched passage: Allegations of poor performance raised after dismissal did not retrospectively justify the termination.
TRANG BUI v HUYNH [2025] NZERA 72 - dismissal and employment-entitlement claims partly successful

Trang Bui worked in a small hospitality business where the parties disputed pay, working arrangements and the circumstances in which her employment ended. The ERA considered dismissal and disadvantage claims alongside minimum employment entitlement issues.

Matched passage: Later, In her written submissions following the investigation meeting, Ms Huynh states that Ms Trang Bui was only rostered to work the minimum hours in her employment contract and had poor skills.
Layth Abu-Laban v Everest Corporation Limited [2026] NZERA 292 - permanent automotive technician dismissed after employer tried to treat employment as an unrenewed one-year contract; unjustified dismissal upheld; employer counterclaim failed

Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.

Matched passage: No performance management Mr Abu-Laban accepted that, from time to time, Mr Khan told him his work rate was too slow.
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: If Ms Han could no longer afford to provide full-time work because of poor business performance, TBS needed to engage in a process and provide Ms Jia with information relevant to the continuation of her employment.
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: The ERA's reasoning focused on the fact Mr Ahmed dismissed Mr McDonald on the spot after the heated exchange, rather than after a disciplinary process dealing with the THC result, work performance, or other concerns.
Leo Waters v S.T.L Linehaul Ltd [2021] NZERA 304 - Unjustified dismissal, redundancy process failures

Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.

Matched passage: Why this case matters A "genuine redundancy" does not excuse a poor or rushed process.
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: LUO reasonably understood an individual discussion to be about her development and performance rather than consultation over the possible loss of her job.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: The original concern referred to one instance of the vehicle and equipment being in poor condition, which had already been addressed by the verbal warning.

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