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Results for dismissal process

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Suspension at work and when it becomes a Personal Grievance (NZ)

When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.

Matched passage: Suspension can also feed a dismissal claim (and sometimes a constructive dismissal) If the employer later dismisses, an unjustified suspension can become part of the overall process and can support a finding that the dismissal itself was unjustified.
Section 149 Settlement Agreements: Avoiding Drafting Conflicts

A drafting problem in a mediated s 149 settlement where clauses about when agreement became binding did not align with a separate requirement for mediator sign-off, creating an avoidable enforcement dispute.

Matched passage: ... get tailored advice before you sign anything. If you are dealing with an unjustified dismissal or redundancy process and want to talk strategy, you can start here: Employee Unfair Dismissal Case Form Next step if your employment issue is active If you are dealing with an ...
Employment Relations Authority (ERA): steps before filing and attending an ERA Investigation Meeting

The steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.

Matched passage: Unfair dismissal claims After dismissal occurs, and where an unjustifiable dismissal claim is to be taken, the employee and their personal grievance is at the bottom of the employer's list of priorities.
"No win, no fee" politics: what National proposed and what it would mean

Commentary on National's proposal to remove or restrict no-win-no-fee employment arrangements and the likely access-to-justice consequences for employees who cannot fund representation upfront.

Matched passage: We will also see a full return of the 90 Day Trial for all businesses which is designed to preclude the employee from bringing personal grievance proceedings for unjustified dismissal.
Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned

Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.

Matched passage: ... Tamariki [2022] NZERA 232 Underlying costs determination: [2022] NZERA 312 ERA outcome: dismissal justified Employment Court outcome: dismissal substantively unjustified Lost remuneration: $79,015 gross - one year's salary Compensation: $35,000 Contribution: no reduction ...
Amanda Bradley v Fire and Emergency New Zealand [2026] NZERA 441 - FireSuper eligibility and poor communication

Amanda Bradley challenged FENZ's handling of her eligibility for FireSuper and the way information about that benefit was communicated after she took a newly created regional training-management role. The case focused on whether misleading or inadequate communication caused an employment disadvantage.

Matched passage: pdf"; } Amanda Bradley v Fire and Emergency New Zealand [2026] NZERA 441 This Employment Relations Authority (ERA) determination concerns a Fire and Emergency New Zealand (FENZ) Manager Region Training who sought access to the FireSuper workplace superannuation scheme.
Disciplinary Investigations for Employers NZ | Misconduct and Complaints

Employer guide to disciplinary investigations: framing allegations, preserving evidence, interviewing witnesses, disclosure, representation and keeping the investigation separate from the final disciplinary decision.

Matched passage: A serious complaint involving bullying, harassment, violence, dishonesty, safety, or potential dismissal may need a much more careful process.
90 Day Trial Periods for Employers NZ | Clause, Notice and PG Risk

Employer checklist for using a 90-day trial period: drafting the clause, signing before work starts, calculating the period, giving termination notice and avoiding defects that can revive a personal grievance.

Matched passage: Because of that, employers should expect the wording and implementation to be scrutinised closely if the employee challenges the dismissal.

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