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Results for probationary period

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Gemma Pedersen v Super Vape Store Limited [2026] NZERA 108 - dismissed by WhatsApp on KPI probation grounds without proper training; unjustified disadvantage and dismissal upheld; $15,917.48 ordered

Retail assistant Gemma Pedersen was dismissed by WhatsApp/email during a six-month probation period for allegedly missing sales KPIs. She said she had not received the promised practical training and had never been put through a genuine performance process before termination.

Matched passage: 48 (gross) for the gap period.
90-day trial dismissal: when you can still raise an unfair dismissal personal grievance

A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.

Matched passage: Trial period vs probation period (quick distinction) A probationary period is different.
Conditional job offers in NZ: when an employer can withdraw and what claims apply

When an accepted conditional job offer can create employment rights before the employee's first day, and the risks when an employer withdraws the offer after conditions are said to have failed.

Matched passage: ... and unfair dismissal Download File: Conditional offer of employment Read more 90 day trial Probationary period Constructive dismissal Unfair dismissal The fastest way is to submit the case form with a short timeline and key documents. Employee Case Form
MBIE employment mediation: what to expect and how to prepare

What employees should expect at MBIE employment mediation: the mediator's role, joint and private sessions, preparation, negotiation and how a settlement becomes binding.

Matched passage: "You only worked for your employer for a short period of time, therefore you will not be awarded much in hurt and humiliation compensation and/or lost wages" I don't agree.
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: Mr Masson also referred to the arrangement as a kind of trial period.
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: The probation and "90 day" issue The employment agreement contained a probation provision (per Employment Relations Act 2000, section 67), but it did not contain a compliant statutory trial period clause (section 67A).
Unfair Dismissal (Unjustified Dismissal)
21 articles

An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.

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Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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