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Results for personal grievance

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Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: Instead, PNF sheeted the compliance risk home to Mr Nunn personally and treated the matter as serious misconduct leading to immediate dismissal.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: It found that Ms Scott's actions did not contribute to the personal grievance.
Raheel Reddy v Studio Image Limited [2026] NZERA 323 - barber dismissed by text message after lateness and attendance issues

Barber Raheel Reddy was dismissed by text after ongoing lateness and attendance concerns. Studio Image argued he had resigned or that termination was justified, but there had been no proper disciplinary process giving him a fair opportunity to answer the concerns.

Matched passage: It found that the personal grievance remedies adequately addressed the failure in the circumstances.
Natalie Butler-Smith v David and Dale Cavey t/a DG and DV Cavey Partnership [2026] NZERA 324 - farm assistant dismissed before returning from parental leave

Part-time farm assistant Natalie Butler-Smith was dismissed in February 2024 around the end of parental leave, with the employers raising health-and-safety concerns and disputing aspects of work performed during leave. The respondents did not appear at the investigation meeting.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Devon Whitham v Brutalitees Limited and Christine Dawson [2026] NZERA 325 - tattoo and piercing apprentice was an employee, not a contractor

Devon Whitham entered a tattoo and piercing apprenticeship that Brutalitees described as unpaid and contractor-like despite exercising close control over her work. The case concerned her true employment status, unpaid work and the heated meeting at which the relationship ended.

Matched passage: In the absence of supporting evidence from the respondents, the ERA found no evidence that Ms Whitham contributed to the circumstances giving rise to the personal grievance.
Junchen Xu v Aurora Developments Limited [2026] NZERA 320 - quantity surveyor wins unpaid wages, holiday pay and unjustified redundancy claim

Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.

Matched passage: It found Mr Xu did not contribute to the situation giving rise to the personal grievance.
Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Philip Moller was dismissed by Cardinal Logistics after refusing a drug and alcohol test said to arise from a safety complaint. The case turned on whether Cardinal had genuine and reasonable grounds to require the test and whether it fairly verified the allegation before suspending and dismissing him.

Shaoqiang Chen v Wen Hui Lin [2026] NZERA 307 - cash-paid cook unjustifiably dismissed, minimum wage arrears and penalties ordered

Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.

Matched passage: Mr Lin personally was the employer A preliminary issue was whether Mr Chen's employer was Mr Lin personally, or Mr Lin's company, MH Beached AZ Limited.

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