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Results for trial period dismissal

Showing 153-160 of 209 results
Emma Baldwin v RJ Hospitality Solutions Limited [2026] NZERA 413 - unilateral roster changes after parental leave

Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.

Matched passage: It also distinguishes a fair workplace-change problem from a dismissal claim.
The Estate of Samuel Keast v Playground Centre Limited [2026] NZERA 136 - preliminary decision: estate could not raise a new personal grievance after death; Australian entity was employer at the time; ERA lacked jurisdiction

After Samuel Keast died while working in Melbourne, his estate sought to pursue employment claims, including constructive dismissal, against a New Zealand company. The preliminary issue was whether a personal grievance existed before his death, who employed him in Australia, and whether the ERA had jurisdiction over the named respondent.

Matched passage: The constructive dismissal argument The estate advanced a constructive dismissal argument based on a voicemail message from a senior employee in November 2023.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Check time limits: most Personal Grievances must be raised within 90 days, but sexual harassment grievances have a longer notification period.
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: The Employment Relations Authority found the redundancy dismissal unjustified and awarded $11,000 compensation.
Paul Adams v EverEdge Global Limited [2026] NZERA 509 - employer stopped paying founder to force resignation

EverEdge stopped paying founder and CEO Paul Adams while he continued working from Amsterdam, ignored repeated requests for his salary and later gave inconsistent explanations for the non-payment. Mr Adams ultimately resigned.

Matched passage: A deliberate attempt to coerce resignation The Authority also upheld the alternative constructive-dismissal basis: a deliberate course of conduct intended to force Mr Adams out.
Askkan Vakilipour Takaloo v Kaur Queens Trading Limited [2026] NZERA 507 - taxi driver was an employee and constructively dismissed

Kaur Queens Trading labelled taxi driver Ashkan Vakilipour Takaloo an independent contractor, but controlled and integrated his work into its taxi business. The relationship broke down amid withheld wages, aggressive verbal abuse and cancellation of his ability to work out his notice.

Matched passage: Although he gave notice, the director deactivated the access card he needed for the business, preventing him from working out the notice period.
Sione Afimeimounga v NPD Limited [2026] NZERA 506 - tanker driver constructively and unjustifiably dismissed

Tanker driver Sione Afimeimounga repeatedly raised workload, scheduling and health-and-safety concerns that NPD failed to resolve. After he resigned on extended notice, the employer suspended and summarily dismissed him over selected comments from a provocative text exchange with another driver.

Matched passage: A fair and reasonable employer could not treat that full exchange as serious misconduct justifying summary dismissal.
Carol Chesmar v Rooney Earthmoving Limited [2026] NZERA 502 - redundancy consultation was more apparent than real

After more than nine years with Rooney Earthmoving, Carol Chesmar was selected for redundancy amid genuine work and financial pressure. The employer withheld information later relied on to justify the decision, did not consult about removing her from a major project and had effectively decided her role would go before consultation began.

Matched passage: ... operator Length of service: more than nine years Issue: justification for redundancy dismissal Outcome: unjustified dismissal established Lost remuneration: $14,471.60 gross Compensation: $25,000 Contribution: no reduction Total ordered: $39,471.60 Costs: reserved ...

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