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Results for dismissal process

Showing 161-168 of 270 results
MOKE v RAUKURA HAUORA O TAINUI TRUST [2025] NZERA 48 - external investigation and disciplinary process partly unjustified

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.

Matched passage: ... 19 April 2024 (4 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues (partly successful). In summary, In July 2023, ...
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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Performance Management and PIPs
5 articles

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.

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Probationary Periods
6 articles

A 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.

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Disciplinary meetings: employee rights and common employer mistakes

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.

Matched passage: If we don't attend the meeting then I say "when you're fired, come back to us", and I also stress that you record the meeting, take notes, ask questions, and don't agree to anything.
Shaun Graves v NZSL Employment Limited [2026] NZERA 669 - contractor became an employee before summary dismissal

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.

Matched passage: The Employment Relations Authority found that from 23 September 2024 he was an employee and that telling him his services were no longer required without any process was an unjustified dismissal.
Emily Barr v Brooker Travel Limited [2026] NZERA 651 - bullying complaint failures led to constructive dismissal

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.

Matched passage: But the Employment Relations Authority found what happened after the complaint was inadequate: Ms Barr was not properly protected during the process, the final report was withheld, findings were minimised and there was no workable plan to restore the employment relationship.

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