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Results for 90 day trial

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Wendy Darrell v Canterbury Vehicle [2026] NZERA 35 - redundancy, unjustified disadvantage and dismissal

Wendy Darrell's dispute with Canterbury Vehicle concerned the ending of her employment and associated employment entitlements. The ERA considered whether the employer's conduct met the justification standard and what compensation or payments were required for the breaches established.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
MA v NO.2 NOODLE NZ LIMITED [2026] NZERA 25 - Unjustified dismissal upheld; $9,500 compensation; one week wages; $500 penalty.

Ms Ma's short restaurant employment ended after management announced reduced hours and a disputed phone call, followed by her omission from the next roster. The employer said she was casual and had abandoned employment.

Matched passage: Lost wages: A net sum equivalent to one week's wages based on a 40-hour working week (payable within 21 days of the determination).
ZHANG v PENG and ANOR [2026] NZERA 16 - Constructive dismissal upheld; $18,000 compensation; $62,831 wage arrears; $3,730 premium repaid.

Mr Zhang paid a $3,730 premium to obtain restaurant employment and later accumulated substantial unpaid wages. He resigned after the employment relationship deteriorated and argued the employer's breaches had forced that resignation.

Matched passage: Orders and payments mentioned Repayment of unlawful premium: $3,730 (payable within 28 days).
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: There are three crucial clauses relating to remuneration in that addendum: OVERTIME RATE All the time worked beyond an employee's ordinary time of work, Monday to Friday must be paid for at the rate of 1.
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: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
LGY v Board of Trustees [2025] NZERA 809 - interim reinstatement ordered pending dismissal grievance (non-publication)

LGY sought interim reinstatement after being dismissed by a school board while the substantive personal grievance remained unresolved. The Board relied on serious allegations and workplace concerns, while LGY argued there was a strong arguable dismissal case and that reinstatement could operate pending a final hearing.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
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.
Haochen Guo v Su's Investment Limited [2025] NZERA 805 - suspension without process, bullying, and redundancy while on ACC leave; $25,000 compensation plus arrears and penalty

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.

Matched passage: ... unjustified dismissal established (redundancy without consultation) Key orders (within 21 days): $25,000 compensation, $2,784 lost remuneration, $1,648 holiday pay; and $500 penalty to the Crown Costs: reserved What happened Mr Guo worked as a chef for SIL (Coffee Studio). ...

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