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Results for dismissal process

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Workplace bullying in New Zealand: what it is and what you can do

What workplace bullying means in New Zealand, the difference between repeated unreasonable behaviour and ordinary conflict or performance management, and the evidence and legal options available to an affected employee.

Matched passage: Step 4: Escalation options Depending on the facts, possible pathways include: Internal process: using the employer policy, HR, senior management, or an independent investigator.
DQJ v Commissioner of Inland Revenue [2025] NZEmpC 10 - ERA interim reinstatement refusal reversed

DQJ challenged an ERA decision refusing interim reinstatement after Inland Revenue ended her employment. The Employment Court had to decide whether preserving the employment relationship pending the substantive grievance was justified without deciding the ultimate merits.

Matched passage: Why the Court granted interim reinstatement The Court was satisfied that the dismissal grievance was genuinely arguable.
Emma Baldwin v RJ Hospitality Solutions Limited [2026] NZERA 413 - unilateral roster changes after parental leave

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.

Matched passage: It also distinguishes a fair workplace-change problem from a dismissal claim.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: It should confirm receipt, reserve rights, ask for clarification where needed, preserve limitation arguments, avoid unnecessary admissions, and set out a fair proposed process.
Redundancy

Redundancy

Topic
38 articles

Redundancy is defined at common law as a situation where an employee's position becomes surplus to the needs of the employer. A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.

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Sophie Kennett v Polygon GY Developments Limited [2026] NZERA 405 - engineered resignation, redundancy and Holidays Act entitlements

Sophie Kennett resigned from Polygon GY Developments after a course of conduct she said was designed to force her out, in a context also involving a claimed redundancy and unpaid Holidays Act entitlements. The ERA examined the reality of the resignation rather than only its formal label.

Matched passage: ... engineered resignation; continuity of employment; Holidays Act entitlements; constructive dismissal; redundancy arising from a business sale; redeployment; consultation; notice; unpaid wages; penalties and interest Findings: continuous employment for Holidays Act purposes; ...
Rachel Hankins v Huhtamaki Henderson Limited [2026] NZERA 379 - valid fixed term but unjustified early 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.

Matched passage: The ERA found that combination amounted to an unjustified early dismissal and also caused unjustified disadvantage.
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: ... musical instrument store, starting around 20 May 2023 Key issues: resignation or dismissal; unjustified dismissal; oral employment terms; cash wages; wage arrears; holiday pay; public holiday entitlements; penalties; costs Outcome: Mr Jowitt was dismissed on 21 ...

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