![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](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
The contributory conduct was Mr Maarschalk consuming a non-alcoholic drink and paying for it the next day, which contributed to the situation that gave rise to the grievance.
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Costs: the Authority ordered costs of $900, noting the application was straightforward and completed on the papers, and applying the principle that costs should be modest.
Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Unjustified Disadvantage
Suspension from Work
If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Holiday pay claim not ordered: the Authority did not make an order for holiday pay.
Do not consent to claims that are raised outside of the 90 day notification period.
On a principled approach, and on the basis of this involving a part day to hear a preliminary issue, only part of a day of the first day according to the daily tariff was awarded.
7 articles
Medical incapacity dismissal in New Zealand Long-term illness or injury can eventually make continued employment impracticable, but there is no automatic number of sick days after which an employer can simply dismiss .
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