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Results for trial period dismissal

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Triangular employment and labour hire dismissals in NZ: who is liable?

Who may be liable when a labour-hire worker is removed from a host workplace: the agency employer, the controlling third party, or both under New Zealand's triangular-employment provisions.

Matched passage: Read our full article: Dismissal in triangular employment --> Download File: Dismissal in triangular employment Dismissed from labour hire or a temp agency?
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: Where there is a trial period provision, having the employee perform work or relief milking before giving the employee the contract to sign.
No Win No Fee Employment Lawyer NZ | Personal Grievance & Dismissal Help

Employee-side no-win-no-fee employment advocacy for suitable personal-grievance, dismissal and redundancy cases, including mediation and ERA representation where the case meets the acceptance criteria.

Matched passage: Unjustified dismissal Employees commonly search for a no win no fee unfair dismissal lawyer after being dismissed for misconduct, performance, medical incapacity, absence, restructuring or another stated reason.
George Ngatai, Whanau Ora and the Broughton ERA decision [2023] NZERA 52

Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.

Matched passage: The Authority found that the probation period expired on 14 June 2022 and had not been extended before its expiry.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Check time limits: most Personal Grievances must be raised within 90 days, but sexual harassment grievances have a longer notification period.
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: " This one turns up whenever there were meetings, warnings, investigations, or a dismissal process with defects.
Workplace investigations in New Zealand: what "fair and reasonable" looks like

What a fair workplace investigation looks like in New Zealand: clear allegations, relevant evidence, impartial fact-finding, disclosure, a meaningful response opportunity and rational conclusions.

Matched passage: Personal grievances and the objective test (ss 103 and 103A) Most investigation disputes show up as personal grievances for unjustified dismissal, or unjustified disadvantage.

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