Ms Moke faced complaints and an external investigation while employed by Raukura Hauora O Tainui Trust. The case examined the fairness of the investigation, disciplinary steps and the Trust's eventual preliminary and final conclusions, including whether tikanga and kaupapa-based processes altered the statutory fairness requirements.
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Results for dismissal process
Personal Grievance (PG)
TopicA 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.
A performance improvement process should identify genuine performance gaps, set clear and reasonable expectations, provide appropriate support and a real opportunity to improve before dismissal is considered.
Probationary Periods
TopicA probationary period does not remove an employee's ordinary dismissal rights. The employer should assess suitability fairly, identify performance concerns, provide a genuine opportunity to improve and follow a fair process before dismissal.
Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.
Employee rights at a disciplinary meeting: clear allegations, relevant information, representation, time to prepare, a genuine opportunity to answer and an open-minded decision-maker.
Shaun Graves initially worked through his own contracting company, but later moved onto NZSL's PAYE payroll, worked regular hours under its direction and used its equipment. The ERA found he had become an employee from 23 September 2024 and was unjustifiably dismissed when simply told his services were no longer required.
Emily Barr complained about repeated belittling and dismissive treatment by her manager. Brooker Travel obtained an external investigation but then failed to adequately protect her, disclose the final report or provide a workable return-to-work plan. The ERA found unjustified disadvantage and constructive dismissal, awarding $20,000 compensation and six months' lost wages with associated entitlements.
