ClickCease

Results for performance management

Showing 17-24 of 29 results
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: The ERA's reasoning focused on the fact Mr Ahmed dismissed Mr McDonald on the spot after the heated exchange, rather than after a disciplinary process dealing with the THC result, work performance, or other concerns.
Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: The first complaint and the Performance Improvement Plan (PIP) On 16 January 2024 Brandt was alerted to concerns from another employee (anonymised as MJP) about alleged harassment and intimidation.
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: The Authority therefore order Bunnings to pay Ms Grinsted her entitlement under the STI as if she had achieved an individual performance outcome of 75% for the relevant period.
HAI ZHENG v JCD NZ LIMITED [2025] NZERA 453 - constructive dismissal; compensation and penalty

Hai Zheng's employment dispute with JCD concerned whether he had resigned or whether employer breaches caused his departure, together with associated disadvantage and contractual claims. The ERA examined whether the employer's conduct made resignation a reasonably foreseeable consequence.

Matched passage: It said Mr Zheng attended a performance review meeting on 11 April 2024 where he was offered and accepted ongoing work as a sales assistant in three stores.
FVG v YJN [2026] NZERA 242 - suspension and dismissal unjustified; remedies reduced 30% for contribution

FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.

Matched passage: ... evidence, setting aside her witness... As set out in directions after discussion at a case management conference with the parties, the issues for investigation and determination are: (a) Was FVG disadvantaged by unjustifiable action of YJN regarding: (i) failure to investigate ...
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: The final decision was wrong to say KCY did not qualify for any gift: her Elizabeth Arden purchase met the spending requirement, although management authorisation was still required for an expired gift.
Ashleigh Sanders v Hamilton City Council [2026] NZERA 517 - senior zoo manager's insidious conduct caused unjustified disadvantage

Hamilton Zoo's former senior manager subjected zookeeper Ashleigh Sanders to intrusive personal contact, out-of-hours messages, requests for information about colleagues, favouritism and career-related pressure. She later resigned, long after that manager had left.

Matched passage: She had longstanding concerns about workload, late rosters, short staffing, management culture, training opportunities and animal welfare.
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: Performance concerns were mixed with conduct concerns Another important flaw was the mixing of performance and conduct matters.

Browse topics