Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.
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Results for unpaid wages
Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.
The Employment Court found two unjustified disadvantages in a long-running school employment dispute: former employers listed on LMN's CV were contacted without authority while her grievances were being investigated, and medical certificates were not properly recognised when dealing with her leave. Most of LMN's wider claims failed.
Suspension from Work
TopicSuspension is a serious step, not a punishment. An employer ordinarily needs a proper reason and fair process, and the suspension should last no longer than reasonably necessary for the investigation or risk being managed.
Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.
Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.
Emma Baldwin returned to RJ Hospitality after parental leave to a dispute over rostered hours that had previously operated on a stable and regular basis. She challenged unilateral changes to that pattern and later claimed the breakdown of the relationship also amounted to dismissal.
Regional sales manager John Pio was made redundant after Strautmann Hopkins lost the distribution licence underpinning its business. The redundancy had a genuine commercial basis, but Pio was given little warning, very limited time to seek advice and no meaningful opportunity to explore transfer or redeployment.
