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Jacob Maarschalk v West Auckland Trust Services Limited [2024] NZERA 333 - Unjustified disadvantage found over rostering changes and flawed final written warning; $8,500 ordered

Jacob Maarschalk was contracted for 25 hours a week but was regularly rostered for substantially more at West Auckland Trust Services. The dispute concerned later roster changes and a final written warning, including whether he was given a fair opportunity to comment before those decisions affected his employment.

Matched passage: era.
Brad Capper v CJS Construction [2023] NZERA 314 - unjustified dismissal; 50% contribution; no lost wages

Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.

Matched passage: era.
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: @{ // Public source document (ERA determinations database) var pdfUrl = "https://determinations.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: era.
Kaytlin Pinder v S & O Bayliss Ltd [2022] NZERA 646 - 90-day trial invalid before start, unjustified dismissal, penalties

Kaytlin Pinder was dismissed under a purported 90-day trial period. The key issue was whether the trial provision had been validly agreed before she became an employee, together with related failures to provide proper employment documentation.

Matched passage: @{ // Public source document (ERA determinations database) var pdfUrl = "https://determinations.
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: era.
Neil Armstrong v Surplus Brokers Ltd [2019] NZERA 235 - Casual employment dismissal, penalties for no agreement

Neil Armstrong worked for Surplus Brokers in an arrangement the employer characterised as casual. The dispute concerned whether he had actually been dismissed, whether the casual label affected his rights, and the employer's failures to provide compliant employment documentation.

Matched passage: @{ // Public source document (ERA determinations database) var pdfUrl = "https://determinations.
Courage v Attorney-General [2026] NZEmpC 178 - Labour Inspectorate Gloriavale decisions contained reviewable errors

Former Gloriavale members successfully judicially reviewed Labour Inspectorate decisions to take no further action on earlier inquiries. The Employment Court found errors concerning the Inspectorate's jurisdictional threshold, child workers, irrelevant considerations and failures to make adequate further inquiries. Remedies were left for a reconvened hearing.

Matched passage: Given what the Inspectorate knew about the Community and the vulnerability of children, the position of children was a mandatory relevant consideration.

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