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Results for 90 day trial

Showing 289-295 of 295 results
JOHNSTONE v ZXY [2025] NZERA 11 - care worker's summary dismissal unjustified; hindsight undermined the process

A care worker with 21 years' service was summarily dismissed after a resident incident, principally for not calling an ambulance. The ERA examined whether the employer judged her conduct with hindsight and fairly considered what she actually knew, her explanations and gaps in workplace policies and practice.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
KNOX v RECRUIT IT GROUP LIMITED [2025] NZERA 4 - redundancy rationale and consultation failed scrutiny

Recruit IT Group made Mr Knox's consultant role redundant shortly before another staff member was promoted into a consultant position. Mr Knox argued the redundancy rationale, consultation timeframe and claimed lack of redeployment options did not withstand scrutiny.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
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: 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.
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: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
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: Holiday pay claim not ordered: the Authority did not make an order for holiday pay.
Employer ERA costs: when an employer can claim costs after winning

What an employer can realistically recover in ERA costs after successfully defending a claim, including the daily-tariff starting point and the circumstances that can increase or reduce an award.

Matched passage: Following my written submissions for the claimant employee to hand up to the Authority Member, the claimant employee was ordered to pay a total of $2,590.

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