Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.
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Results for unjustified dismissal
Rachel Hankins was employed by Huhtamaki Henderson on a fixed-term arrangement. Although the ERA accepted there was a valid basis for the fixed term itself, her employment was ended before the agreed expiry and the employer had to justify that early termination separately.
Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.
Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.
Tracy Alpar worked for Bookieland under an unsigned seasonal fixed-term arrangement and was later told through WhatsApp that her employment had ended. The ERA had to decide whether the purported fixed term complied with the statutory requirements and whether the termination was justified.
Mr Kumar resigned from JK Hospitality after alleging he was repeatedly denied proper breaks and practical support at work. The ERA considered whether those breaches were sufficiently serious that resignation was a reasonably foreseeable response.
Mr Williams was told by email on 17 March 2024 that he had been made redundant immediately. He had not previously been told his job was in jeopardy, no supporting information accompanied the decision, and there had been no genuine consultation before the outcome was reached.
Ms McCann resigned while on sick leave after conflict with Winton Capital, pressure around the employment relationship and removal of access to a senior executive's email and calendar. She alleged the cumulative conduct made continued employment untenable.
