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Results for 90 day trial

Showing 177-184 of 295 results
Jeanette Go v Point Limited [2026] NZERA 369 - genuine redundancy but flawed consultation and undisclosed selection criteria

Point Limited made estimator Jeanette Go redundant after a genuine downturn in estimation work, but did not disclose its selection criteria, interview the other estimators or properly engage with her reduced-hours alternative before preparing the termination outcome.

Matched passage: During 2019, Martin and Deborah Day acquired that business.
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: The plan was for ZZP to work three half-days from 7 to 11 October, five half-days from 14 to 25 October, and then five full days from 28 October 2024.
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: If costs were not resolved, Mr McDonald could lodge and serve a memorandum on costs within 28 days of the determination, with Traffica then having 14 days to reply.
Auto John Huntley-Byrne v Dallison 2021 Limited [2026] NZERA 354 - unjustified café dismissal by text message

Dallison 2021 dismissed café worker Auto John Huntley-Byrne by text after end-of-shift tasks were left incomplete. Although the employer had legitimate concerns, it did not hold a proper disciplinary meeting or provide the support-person and response rights required by its own documents.

Matched passage: The dismissal by text message On 18 November 2024, Mr Huntley-Byrne was unsure whether he was rostered to work because of the messages sent the previous day.
Todd Dormer v Rhino-Rack New Zealand Limited [2026] NZERA 353 - ambiguous commission clause, Sales Commission Scheme, and unjustified disadvantage

Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.

Matched passage: If costs were not resolved, Mr Dormer could lodge and serve a memorandum on costs within 28 days, with Rhino-Rack then having 14 days to reply.
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: He said that, at the beginning of the relationship in July 2024, he was paid cash at $20 per hour for full-time work between Monday and Friday.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: The Authority recorded that about 90 percent of her shifts were urban work.
Natalie Butler-Smith v David and Dale Cavey t/a DG and DV Cavey Partnership [2026] NZERA 324 - farm assistant dismissed before returning from parental leave

Part-time farm assistant Natalie Butler-Smith was dismissed in February 2024 around the end of parental leave, with the employers raising health-and-safety concerns and disputing aspects of work performed during leave. The respondents did not appear at the investigation meeting.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

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