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Results for performance improvement plan

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Good faith in New Zealand employment law - what section 4 requires

A practical explanation of the statutory duty of good faith in s 4 of the Employment Relations Act, including active and constructive conduct, responsiveness, communication and disclosure before adverse decisions.

Matched passage: Performance management: communicating concerns clearly and giving a reasonable opportunity to respond and improve where appropriate.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: Key findings Text message performance management was inappropriate: the Authority found performance concerns should have been raised face-to-face in good faith, in a supportive way, rather than by text.
Federated farmers employment agreement disputes: common issues for NZ farmers

Common employment disputes for farming businesses using Federated Farmers or similar employment agreements, including hours, accommodation, deductions, leave, performance and execution of the agreement.

Matched passage: Standard form employment agreements can be useful, but real disputes usually arise from how terms are applied in practice: deductions, hours, accommodation, leave, and performance management.
Sidney Yu and Jing Tham v Queenstown Nursery Limited [2026] NZERA 446 - casual employment, fixed assignment and unjustified dismissal

Sidney Yu and Jing Tham were engaged by Queenstown Nursery for temporary plant work and were later selected to stop working, with the employer relying on weather and alleged comparative inefficiency. The case concerned whether the casual or short-assignment characterisation justified ending their work without a fair process.

Matched passage: Do not give a false or incomplete reason: weather and performance are different explanations.
Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.

Matched passage: Around June or July 2024, Ms Ruffino had also raised concerns with Xero's general manager of education and content delivery, Vikki Bean, about Ms Murgatroyd's performance during the roadshow.
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: Substantive justification: the evidence about kitchen hygiene, pests, food storage, and the council inspection outcome was extensive, including photographs and the council improvement notice.
Probationary Periods
6 articles

A probationary period does not remove an employee's ordinary dismissal rights. The employer should assess suitability fairly, identify performance concerns, provide a genuine opportunity to improve and follow a fair process before dismissal.

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Casual employment dismissal: when casuals can still claim unfair dismissal

Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.

Matched passage: How you were treated (training, uniforms, company systems, performance management, warnings).

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