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Results for performance management

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Sirikanya Pankhum v Super Vape Store Limited [2026] NZERA 149 - WhatsApp dismissal during probation, no process; $12,500 compensation, $7,873.92 lost wages, $311.28 holiday pay

Sirikanya Pankhum was working under a six-month probation clause when Super Vape Store ended her employment by WhatsApp. A probationary arrangement did not remove the requirement for the employer to identify concerns, hear her response and use a fair dismissal process.

Matched passage: Key findings in plain English Probation is not a free pass: an employer can dismiss for poor performance, but it must still act fairly and reasonably and follow a fair process.
Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - summary dismissal held unjustified; reinstatement declined; $20,000 compensation after contribution

Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.

Matched passage: Practical takeaways Do not conflate incivility with serious misconduct: where conduct is better characterised as communication or relationship failure, performance management is often the appropriate tool, not summary dismissal.
Redundancy Advice for Employers NZ | Restructure, Consultation and PG Risk

Employer redundancy guidance covering genuine business reasons, proposal documents, disclosure, consultation, selection criteria, redeployment and the personal-grievance risks of a predetermined process.

Matched passage: Redundancy is not a shortcut around performance management One of the biggest risks for employers is using redundancy to remove a particular employee because of personal conflict, poor performance, or frustration.
Xiaomeng Feng v Yoga Limited [2025] NZERA 709 - admitted unjustified dismissal, $12,400 remedies and no contribution reduction

Yoga Limited ultimately admitted that Xiaomeng Feng's dismissal was unjustified, leaving the ERA to determine lost wages, compensation, contribution and a claimed good-faith penalty. The employer relied on performance and communication concerns to seek a reduction.

Matched passage: Good-faith penalty declined The Authority noted problems in the management of the employment relationship but was not satisfied that the statutory threshold for a penalty was met.
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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Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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Unjustified Disadvantage
84 articles

Unjustified disadvantage is a Personal Grievance (PG) where an employer takes unjustifiable action that disadvantages an employee or worsens the employee's conditions. This page explains the basics, common examples, time limits, evidence, and practical next steps.

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Disciplinary Meetings and Investigations
7 articles

Facing a disciplinary meeting or misconduct allegation? The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.

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