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.
Search Employment Law
Search New Zealand employment-law guides, ERA determinations, Employment Court decisions and topics.
Search tips
- Use quotes for exact phrases, eg "unfair dismissal".
- Use +word to require, -word to exclude, eg +redundancy -trial.
- Use OR to broaden, eg dismissal OR redundancy.
Results for dismissal process
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.
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.
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.
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.
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.
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.
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.
