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Results for personal grievance

Showing 193-200 of 282 results
George King v Off the Wall Construction Ltd [2026] NZERA 14 - 90-day trial invalid, unjustified dismissal

George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.

Matched passage: Mr King raised a personal grievance for unjustified dismissal and sought lost wages, compensation for hurt and humiliation, and the cost of tools.
Jimmy Nelson v The Digger Man Limited [2025] NZERA 835 - dismissal for unexplained absences held unjustified on process; remedies reduced 50% for contribution; $720 lost wages and $5,000 compensation

Jimmy Nelson was dismissed by The Digger Man after repeated attendance problems and unexplained absences. The employer had genuine concerns, but the issue was whether it gave him a final, fair opportunity to understand the seriousness of the latest incidents and explain himself before termination.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

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.

Matched passage: Accordingly, Richhold Ltd was joined under s 103B of the Act as a controlling third party to the personal grievance claims.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: Summary of findings - unjustified dismissal Ms Kaushal has established a personal grievance for unjustified dismissal.
Invalid trial period clause, no process, and wage record failures - Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808; $30,087.30 ordered (lost remuneration and distress compensation)

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.

Matched passage: What the Authority found Trial period: the clause in the employment agreement was invalid because it did not include the required statement that an employee dismissed during the trial period cannot bring a personal grievance (s 67A).
KMW v ZIB Digital Limited [2025] NZERA 806 - redundancy consultation called a 'charade'; unjustified dismissal; $47,692.30 awarded

KMW was selected for redundancy by ZIB Digital after a process the employee said had been predetermined and gave consultation no real prospect of changing the outcome. The ERA examined the business rationale, the information provided and whether the consultation was genuine.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
OCO v ZUA [2025] NZERA 790 - Constructive dismissal after unfair suspension and defective disciplinary process

OCO resigned after being suspended and put through a disciplinary process by ZUA. The case centred on whether the suspension and investigation were fair and whether the employer's cumulative conduct was serious enough to make the resignation a constructive dismissal.

Matched passage: Where emotional harm overlaps with ACC-covered injury consequences, the Authority may confine compensation to the harm properly attributable to the personal grievance itself.
Glenice Cooper v Success Realty [2025] NZERA 782 - redundancy, performance; what the ERA decided and what was ordered

After 21 years as a marketing manager, Glenice Cooper was dismissed for redundancy by Success Realty. By the investigation meeting the employer conceded the dismissal was unjustified, leaving the ERA to determine the proper level of lost remuneration, bonus and compensation.

Matched passage: Section 128 of the Act states that where the Authority has determined that an employee has a personal grievance, and has lost remuneration as a result of that personal grievance, order the employer to pay to the employee the lessor of a sum equal to that.

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