![The Estate of Samuel Keast v Playground Centre Limited [2026] NZERA 136 - preliminary decision: estate could not raise a new personal grievance after death; Australian entity was employer at the time; ERA lacked jurisdiction](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
The estate of a deceased employee sought to bring a personal grievance (including constructive dismissal) against a New Zealand company after he died at work in Melbourne.
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Results for unfair dismissal
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The ERA rejected the employee's constructive dismissal claim but upheld unjustified disadvantage findings because the employer ran a flawed, slow investigation and left the employee in the ...
Personal Grievance (PG)
Topic16 articles
A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work.
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.
Employment Law Advocates We are resolution focussed and we often offer a no win no fee service to employees in taking their unfair dismissal cases forward.
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