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Results for reinstatement

Showing 17-24 of 41 results
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: Permanent reinstatement Although Mr Pullar said he had lost trust and confidence in Ms Kaushal, this cannot be the sole ground on which to refuse reinstatement given my findings that the dismissal was unjustified.
KINZETT v FIRE AND EMERGENCY NEW ZEALAND [2025] NZERA 132 - dismissal unjustified; investigation disadvantages justified

Fire and Emergency New Zealand investigated complaints involving firefighter Russell Kinzett and two other firefighters before summarily dismissing him. Mr Kinzett challenged both the investigation process and the dismissal, and was later interim-reinstated.

Matched passage: ... Act in respect of the period between his summary dismissal on 6 May 2024 and his interim reinstatement on 17 July 2024, plus account for holiday pay on this sum, and ensuring KiwiSaver obligations (if applicable) are met" Note: figures above are extracted from the orders ...
Unfair Dismissal (Unjustified Dismissal)
21 articles

An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.

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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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Constructive Dismissal
33 articles

A constructive dismissal is a resignation where an employee finds no choice but to resign. If a constructive dismissal occurs, the employee can later bring a personal grievance for unjustified 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: Reinstatement in appropriate cases (less common for genuinely casual work, but possible where the real relationship was ongoing).

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