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Results for 90 day trial

Showing 249-256 of 295 results
KUMAR v JK HOSPITALITY NZ LIMITED [2025] NZERA 442 - break and support failures caused constructive dismissal

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.

Matched passage: Later, His text message stated: "I am resigning my position today, last day would be 28/92/2024 [sic] [eg 28 February 2024].
DA SILVA v DSJ JOINERY LIMITED [2025] NZERA 444 - no express dismissal at meeting, but later conduct ended employment

Mr Da Silva left a meeting with DSJ Joinery believing he had been dismissed, although the employer said the meeting was about health and safety rather than discipline. The ERA examined whether there was an actual dismissal and, if not, whether the employer's conduct nevertheless ended the relationship.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
TYACK v BIG B CARTAGE LIMITED [2025] NZERA 436 - text was not resignation; employer later dismissed employee

Big B Cartage said Mr Tyack had resigned by text, while Tyack maintained he had not and later attempted to return after a period of medical incapacity. The case turned on who actually ended the employment relationship and whether the employer could rely on the alleged resignation.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
CHASE-PONA v COIN TOTAL WELLINGTON LIMITED and Anor [2025] NZERA 428 - dismissed during notice period; constructive dismissal in alternative

Mr Chase-Pona resigned after workplace disputes including a theft allegation, but Coin Total terminated his employment before his notice period expired. The ERA had to determine whether the employment ended by resignation, dismissal or constructive dismissal.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
ZHENG v BOYA TRADING LIMITED and Anor [2025] NZERA 427 - dismissal by text was not abandonment

Boya Trading summarily dismissed Mr Zheng by text on 26 May 2023, alleging that he had refused to work and abandoned his employment. Mr Zheng said there had been no warning or consultation and raised dismissal and disadvantage grievances the following month.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
JIANG v TRUSTED TOUCH THERAPY LIMITED (IN LIQUIDATION) and ORS [2025] NZERA 385 - unjustified dismissal and employment-standard breaches

Ms Jiang worked for Trusted Touch Therapy under disputed casual-employment paperwork and later raised dismissal and minimum-employment-standard claims. The company entered liquidation after the investigation meeting, and the ERA also considered inaccurate wage and time records.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
PINK v POWERNET LIMITED [2025] NZERA 374 - redundancy business case not genuine

PowerNet proposed to disestablish Ms Pink's occupational-health role and replace the service model, but the ERA scrutinised whether the proposal genuinely reflected her whole role, the asserted flexibility rationale and the lack of supporting costings.

Matched passage: 00 pm meeting was moved to the next day.
RAPANA v UBP LIMITED [2025] NZERA 367 - medical-incapacity dismissal unjustified; contribution reduced compensation

UBP dismissed Mr Rapana after a prolonged period of absence and communication difficulties. The case examined the medical information available to the employer, inconsistencies in the reasons later given for dismissal and whether the investigation fairly addressed the real circumstances.

Matched passage: The investigation meeting lasted for half a day, and the parties are encouraged to resolve any issue of costs between themselves bearing in mind the Authority's usual tariff, which for a half day hearing would amount to $2,250.

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