Mr Faitala and Mrs Vea were made redundant by Pacific Island Business Development Trust during a flawed restructure. Their Employment Court challenge focused on pre-dismissal disadvantage during the process and the proper level of lost-remuneration and compensation remedies.
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Results for trial period dismissal
Tammy Stevenson had worked regular cleaning hours for Mountain Chalets for years despite the employer describing her as casual. A dispute over guaranteed hours and a phone conversation then led her to claim dismissal and challenge the employer's treatment of her employment status and holiday entitlements.
What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.
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.
A historical guide to the Covid-19 vaccination employment framework, including paid vaccination time, notice provisions and the process issues that arose when vaccination requirements affected employment.
Farm assistant Blue Hunt's employment ended after a cowshed dispute with Lance Wakelin. The case required the ERA to determine who the employer was, whether Mr Hunt had been dismissed and whether any fair process or substantive reason justified the termination.
Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.
Barber Raheel Reddy was dismissed by text after ongoing lateness and attendance concerns. Studio Image argued he had resigned or that termination was justified, but there had been no proper disciplinary process giving him a fair opportunity to answer the concerns.
