Shania Mortimer was dismissed by Auckland Steam 'N' Dry under a purported trial period. The dispute concerned whether the trial clause was legally effective, whether any dismissal process occurred, and the employer's wage and record-keeping compliance.
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Ms Chung was dismissed by email late on Boxing Day after about 100 days of work, with the employer purporting to rely on a 90-day trial period. General performance criticisms were raised later but had not formed a fair dismissal process at the time.
Leo Waters was made redundant by STL Linehaul in a process he said lacked genuine consultation and a fair opportunity to influence the decision. The ERA examined both the employer's business rationale and whether the redundancy procedure met the good-faith and justification standards.
Urgent employer guidance for situations where dismissal or suspension is being considered and an immediate decision could create a personal grievance or destroy useful evidence.
A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.
Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
Employer-side guidance on controlling representation costs in a personal-grievance defence and understanding the gap between a lawyer's invoice and the costs normally recoverable in the ERA.
When an accepted conditional job offer can create employment rights before the employee's first day, and the risks when an employer withdraws the offer after conditions are said to have failed.
