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Results for dismissal process

Showing 217-224 of 270 results
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: Compensation and lost wages for unjustified dismissal Mr Xu gave evidence about the impact of the dismissal.
Emily Grinsted v Bunnings Limited [2026] NZERA 236 - STI bonus claim succeeds; four other disadvantage claims fail

Emily Grinsted, Bunnings' New Zealand People and Culture Manager, brought five unjustified-disadvantage claims while remaining employed. The complaints concerned how criticisms were raised, information and duties, contractual obligations and a short-term incentive bonus.

Matched passage: Practical takeaways ERA dismissal cases are assessed using s 103A (what a fair and reasonable employer could have done in all the circumstances).
Wallace v Tang & Son Ltd [2026] NZERA 67 - husband-and-wife chefs dismissed after management conflict; both succeed; $95,448 ordered

Husband-and-wife chefs working at Buoy Café were dismissed after an escalating conflict with new management. The employer did not properly investigate the allegations or give either employee a genuine opportunity to respond before deciding to terminate them.

Matched passage: ... test for justification under s 103A of the Employment Relations Act 2000, including that dismissal for misconduct requires a fair and reasonable process: proper investigation, putting concerns to the employee, and genuinely considering their response. The Authority noted ...
BELL v HUBERGROUP NEW ZEALAND LIMITED [2025] NZERA 561 - redundancy business case and consultation both deficient

Ms Bell challenged the disestablishment of her role at Hubergroup, arguing that the redundancy lacked a genuine business basis and that she was given an inadequate opportunity to consult on a proposal assembled in haste.

Matched passage: At a glance Citation: [2025] NZERA 561 Registry: Wellington Parties: BELL v HUBERGROUP NEW ZEALAND LIMITED Authority member: Davinnia Tan Hearing date: 25-26 June 2025 (2 days) Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
VAN HEERDEN v LONGEVITY CONSTRUCTION LIMITED and Anor [2025] NZERA 217 - redundancy substantively and procedurally unjustified

Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.

Matched passage: ... date: 16 April 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, Mr and Mrs van Heerden were both advised their positions ...
Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: Two unjustified disadvantage grievances were therefore established: one relating to the roster change process, and one relating to the final written warning process.
PINK v POWERNET LIMITED [2025] NZERA 374 - redundancy business case not genuine

PowerNet proposed to disestablish Ms Pink's occupational-health role and replace the service model, but the ERA scrutinised whether the proposal genuinely reflected her whole role, the asserted flexibility rationale and the lack of supporting costings.

Matched passage: At a glance Citation: [2025] NZERA 374 Registry: Christchurch Parties: PINK v POWERNET LIMITED Authority member: Antoinette Baker Hearing date: 12 March 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.
EMA's case for regulating employment advocates is not evidence-led

A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.

Matched passage: Advocates usually become involved after a dismissal, disciplinary process, restructuring, suspension, wage issue, consultation dispute or other employment problem has already arisen.

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