ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.
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Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Unjustified Disadvantage
Redundancy
Matched passage: The Authority notes that However, The Authority did not accept that the allegations of misconduct were irrelevant to the decision to proceed with issuing the restructuring proposal, nor were they irrelevant to decision to implement the proposal or to dismiss ADO.
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: Give notice if required: if you dismiss after probation ends, your contractual notice terms normally apply (unless serious misconduct is proven).
A first-response framework for New Zealand employers who receive a personal grievance: preserve evidence, identify the allegations, assess procedural and substantive risk, and choose a mediation or defence strategy.
Matched passage: Highlight any serious or disgraceful misconduct or actions the employee took to contribute to their claim.
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