ClickCease

Results for poor performance

Showing 17-23 of 23 results
Nata Venceslau Dos Santos v Nresh Group Limited [2026] NZERA 363 - hostile workplace, visa pressure, unjustified dismissal, wage arrears and penalties

Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.

Matched passage: Nresh tried to justify the dismissal by relying on alleged conduct and performance concerns, including negative comments and the use of an offensive term.
Prasath Balachandariyar v Civtec Limited [2026] NZERA 302 - redundancy selection unfairly used asthma and wrist injury; compensation and lost wages ordered

Prasath Balachandariyar was selected for redundancy after workplace health issues including asthma and a wrist injury became part of the employer's assessment. He argued the selection process unfairly used his medical circumstances and that the employer had not conducted a fair redundancy process.

Matched passage: The hand therapist had said the ongoing performance of tasks such as wire stripping and using a screwdriver was aggravating tissue and delaying recovery.
Kyle Horsefield v Eurocars Limited [2026] NZERA 293 - car salesperson labelled casual was a permanent employee; dismissal by text message unjustified; $12,345 ordered

Kyle Horsefield sold cars for Eurocars under an arrangement labelled casual, but his work had the characteristics of ongoing employment. The employer later ended the relationship by text, raising both employment-status and dismissal-justification issues.

Matched passage: The case also shows the danger of using casual agreements as a substitute for trial periods or performance management.
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.
Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage

Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.

Matched passage: The proposal noted the declining financial performance and proposed disestablishing three senior roles: (1) manager people and culture (already vacant), (2) a senior administrator, and (3) Mr Clarke's COO role.
Clive Bryham v Electrix Limited (trading as Omexom New Zealand) [2026] NZERA 147 - interim reinstatement granted; arguable unjustified dismissal where employer alleged reputational harm without evidence

Clive Bryham, a long-serving field operations manager, was dismissed after Omexom alleged he mishandled an 'illegal connection' incident involving a direct report and exposed the business to reputational risk with a key client. He sought interim reinstatement pending final determination of his dismissal and disadvantage grievances.

Matched passage: The ERA noted that, aside from one unrelated disciplinary matter in 2016, the applicant had a long record of performance and promotion over 16 years.
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: Poor hygiene and roach activity was an issue known at least to Mr Yoon, Mr Marcelo, the manager and another employee as early as May 2023.

Browse topics