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Results for performance dismissal

Showing 25-32 of 86 results
Sidney Yu and Jing Tham v Queenstown Nursery Limited [2026] NZERA 446 - casual employment, fixed assignment and unjustified dismissal

Sidney Yu and Jing Tham were engaged by Queenstown Nursery for temporary plant work and were later selected to stop working, with the employer relying on weather and alleged comparative inefficiency. The case concerned whether the casual or short-assignment characterisation justified ending their work without a fair process.

Matched passage: Practical takeaways Casual does not mean consequence-free: once work is promised for a defined period or pattern, ending it early may be a dismissal.
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: The later dismissal letter referred to the failed drug test, but the dismissal itself occurred during the worksite exchange on 14 May 2024.
Jennifer Jacobsen v Cube Innovations Limited [2026] NZERA 356 - invalid trial period, no notice, and dismissal by email

Jennifer Jacobsen was dismissed by email only days into part-time work for Cube Innovations. Cube relied on a 90-day trial even though the evidence indicated she had started work before signing the agreement and the employer had not given the contractual notice required by the clause.

Matched passage: ... rate: $29 per hour Expected hours: Monday, 8:30am to 3:00pm with a half-hour lunch break Dismissal date: 4 March 2025 Trial period: held invalid / unavailable to protect the dismissal Unjustified dismissal: established Unjustified disadvantage: established for failure to ...
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: The failure to fairly assess the concerns as performance and/or conduct meant the disciplinary process was flawed from the outset.
LJB v EBD [2026] NZERA 78 - resigned employee sent home mid-notice with no process; dismissal unjustified; $16,500 compensation plus $9,000 penalties for withheld wages and missing time records

LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.

Matched passage: In the days after being sent away, LJB emailed the senior manager saying she had been "fired" and asking to be paid without deductions.
Yifu Jiang v Smartrade Limited [2026] NZERA 56 - fixed-term clause held unlawful; unjustified dismissal; $15,600 lost wages and $12,000 compensation

Smartrade treated Yifu Jiang's employment as ending under a one-year fixed-term clause, but the agreement did not record genuine reasons satisfying s 66. Mr Jiang was also given no meaningful chance to comment before the employer ended the relationship.

Matched passage: Because the fixed term was not lawful, ending the employment by notice was a dismissal, and the employer was required to run a fair process.
George King v Off the Wall Construction Ltd [2026] NZERA 14 - 90-day trial invalid, unjustified dismissal

George King was dismissed by Off the Wall Construction under a purported 90-day trial. The decisive issue was timing: he had already performed paid work before signing the agreement containing the trial provision.

Matched passage: Why the dismissal was unjustified Once the Authority found the trial clause was invalid, the dismissal had to be assessed under the normal test of justification (Employment Relations Act 2000, section 103A).
Hurikawa v Walton Mountain Ltd [2026] NZERA 8 - Unjustified dismissal and remedies

Hurikawa was abruptly told he was 'finished' by Walton Mountain without a stated reason, warning or opportunity to respond. The ERA therefore had to assess a direct verbal termination against the minimum substantive and procedural requirements in s 103A.

Matched passage: Why the ERA found the dismissal unjustified No substantive reason was proved: The employer did not provide evidence of any conduct or performance issue that could justify dismissal.

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