![Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
The ERA accepted the redundancy was genuine and redeployment was not realistic, so the dismissal was substantively justified.
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ERA held the employee was not unequivocally dismissed after a disputed phone call about guaranteed hours, so the unjustified dismissal claim failed.
Help for New Zealand employers running disciplinary investigations, workplace complaint investigations, misconduct investigations, interviews, evidence reviews, and investigation-based dismissals.
Redundancy
Topic38 articles
A redundancy is treated by the Courts as a dismissal, therefore it must be genuine and carried out in a procedurally fair way.
90 Day Trial Period (NZ)
Topic26 articles
When a valid trial can restrict unjustified dismissal and dismissal-related disadvantage claims, and the common mistakes that can make a trial invalid.
7 articles
The employer should investigate properly, identify the allegations and evidence, give a genuine opportunity to respond, and keep an open mind before deciding on a warning or dismissal.
5 articles
A performance improvement process should identify genuine performance gaps, set clear and reasonable expectations, provide appropriate support and a real opportunity to improve before dismissal is considered.
Probationary Periods
Topic6 articles
A probationary period does not remove an employee's ordinary dismissal rights.
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