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Results for personal grievance

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VAN HEERDEN v LONGEVITY CONSTRUCTION LIMITED and Anor [2025] NZERA 217 - redundancy substantively and procedurally unjustified

Mr van Heerden was told at a 30 January 2024 meeting that his position had been disestablished and his employment was ending for redundancy. The decision had effectively been made before he was told his job was at risk, and the process mixed redundancy with irrelevant performance and conduct concerns.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
WILLIAMS v LONGEVITY CONSTRUCTION LIMITED and Anor [2025] NZERA 215 - redundancy substantively and procedurally unjustified

Mr Williams was told by email on 17 March 2024 that he had been made redundant immediately. He had not previously been told his job was in jeopardy, no supporting information accompanied the decision, and there had been no genuine consultation before the outcome was reached.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
MURRAY v OWAKA MOTORS (2008) LIMITED [2025] NZERA 207 - driver-licence dismissal unjustified after inadequate investigation

Owaka Motors dismissed Mr Murray after he lost the driver licence required for his work. He also alleged mental-health discrimination and failure to provide an employment agreement, while the ERA examined whether the employer adequately investigated alternatives and heard from him before dismissal.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Cameron Rix v Rotorua Quarry Limited [2025] NZERA 152 - The Authority found the employee was unjustifiably dismissed (abandonment was not made out) and awarded remedies.

Rotorua Quarry treated Cameron Rix's absence as abandonment and ended his employment. The ERA had to decide whether his conduct showed an intention to permanently walk away from the job and whether the employer was entitled to terminate on that basis.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
BROWN v TIMBER TOWN HARVESTING LIMITED [2025] NZERA 117 - real dismissal reasons were not fairly put to the employee

Timber Town Harvesting summarily dismissed Mr Brown after relying on an earlier workplace incident and disputed warnings. The case examined whether the reasons actually relied on were properly put to him and whether he had been given a meaningful opportunity to understand and correct the employer's concerns.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Resink v Employment Services Limited [2025] NZERA 104 - constructive dismissal after continuing good-faith breaches

Employment Services pursued a disciplinary investigation without clearly identifying all allegations or providing requested information. An intimidating visit to recover Frank Resink's company vehicle became the last straw in continuing breaches of good faith.

Matched passage: If you are considering raising a Personal Grievance (PG), the applicable time limit can be critical.
QN v FT LIMITED [2025] NZERA 99 - unjustified dismissal

QN was summarily dismissed as a branch manager after FT Limited investigated an alleged undisclosed conflict of interest involving the engagement of a close family member's company. The ERA examined both the underlying conflict and whether the investigation and decision-making process was fair.

Matched passage: By letter of 15 December 2024, FT Ltd's counsel, advised that they rejected the personal grievance claiming the action of setting up a meeting to discuss performance concerns was not untoward and had not been escalated to a performance plan or formal warning.
WYETH v HANSEN PRODUCTS (NZ) LIMITED [2025] NZERA 92 - unjustified dismissal

This costs determination followed Christopher Wyeth's partly successful employment case against Hansen Products. The dispute was whether costs should be reduced because he had rejected a $10,000 Calderbank settlement offer before the substantive determination.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

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