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Results for dismissal process

Showing 249-256 of 270 results
Deborah Coley v Bupa Care Services NZ Limited [2026] NZERA 530 - redundancy threat used to force variation of guaranteed hours

Deborah Coley's agreement guaranteed at least 32 hours each week, but Bupa sought to vary that guarantee by averaging hours across a six-week roster and presented redundancy as the alternative if she refused. A later disciplinary investigation and written warning added a second strand to the disadvantage claim.

Matched passage: Key point: an employer cannot use a supposed redundancy process to force an employee to surrender an existing contractual entitlement.
MBIE employment mediation: what to expect and how to prepare

What employees should expect at MBIE employment mediation: the mediator's role, joint and private sessions, preparation, negotiation and how a settlement becomes binding.

Matched passage: Quite often I hear this if an employee has been on a 90 day trial period, probationary period, has been a casual employee for a short period, or has been fired not long after commencing employment.
Employment Relations Authority
3 articles

The Employment Relations Authority (ERA) decides employment disputes when they cannot be resolved through negotiation or MBIE mediation. The ERA runs an investigation meeting process and issues binding determinations, including remedies, penalties, and costs.

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Casual Employment
9 articles

Casual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.

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Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: 4) Process laundering will be resisted: contribution is not an automatic shield for an unfair process A predictable employer argument will be: "the employee contributed, so s 123C applies, so compensation is off the table, even if our process was poor.
Cameron Rix v Rotorua Quarry Limited [2025] NZERA 152 - The Authority found the employee was unjustifiably dismissed (abandonment was not made out) and awarded remedies.

Rotorua Quarry treated Cameron Rix's absence as abandonment and ended his employment. The ERA had to decide whether his conduct showed an intention to permanently walk away from the job and whether the employer was entitled to terminate on that basis.

Matched passage: It follows therefore he cannot have contributed to his dismissal in a blameworthy manner.

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