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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Results for unjustified dismissal
Haochen Guo was suspended, complained of bullying and was later made redundant while absent on ACC leave. The ERA examined the fairness of the suspension and workplace treatment as well as whether the purported redundancy was genuine and properly consulted on.
Philip Powell was made redundant from OH and N Contracting as forestry work reduced and no replacement contract had been secured. The ERA accepted there was a genuine business reason to reduce staff but examined whether the employer had consulted, disclosed information, considered alternatives and paid notice correctly.
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.
Hamilton Zoo's former senior manager subjected zookeeper Ashleigh Sanders to intrusive personal contact, out-of-hours messages, requests for information about colleagues, favouritism and career-related pressure. She later resigned, long after that manager had left.
Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.
Fire and Emergency New Zealand summarily dismissed Russell Kinzett following an investigation into conduct that included breaches of FENZ policies. The ERA held the dismissal unjustified, and FENZ brought a de novo challenge in the Employment Court.
Electrical Importing Co agreed Valerie Leech's core job terms and told her when to start before presenting a written employment agreement containing a 90-day trial clause. It later relied on that clause to dismiss her.
