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Results for personal grievance

Showing 329-336 of 363 results
ADO v JOAN FERNIE CHARITABLE TRUST BOARD [2025] NZERA 3 - redundancy found to be a pretext for conduct concerns

ADO was selected for redundancy by the Joan Fernie Charitable Trust Board after workplace conduct concerns and an argument had arisen. The ERA examined whether redundancy was genuinely driven by commercial considerations and whether redeployment, including a proposed trial in the Stock Manager role, was fairly considered.

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: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2023] NZERA 568 - compliance order declined after late payment; further costs awarded

Bridget Addy had already obtained an unjustified-dismissal determination and costs against Auckland Steam 'N' Dry and Graeme Stephens. When the ordered sums were not paid on time, she returned to the ERA seeking a compliance order and related relief.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Tihei Kereopa-Rerekura v Cruz Bar Ltd [2023] NZERA 376 - Unjustified dismissal during Covid isolation, redundancy not genuine

Tihei Kereopa-Rerekura's employment at Cruz Bar ended while Covid isolation requirements were affecting work. The employer relied on redundancy, but the ERA examined whether there was a genuine redundancy and whether any fair consultation process occurred before the employment ended.

Matched passage: If you are dealing with a personal grievance (PG), redundancy risk, wage or notice disputes, or you need representation at mediation / the ERA, contact us.
Brad Capper v CJS Construction [2023] NZERA 314 - unjustified dismissal; 50% contribution; no lost wages

Brad Capper's short employment with CJS Construction ended in a dismissal that the employer did not attempt to justify under a 90-day trial clause. The case turned on dismissal fairness, his own contribution and whether he had proved efforts to mitigate lost wages.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Mere Broughton v The Whanau Ora Community Clinic Ltd [2023] NZERA 52 - Unjustified dismissal, probation clause misused

Mere Broughton was dismissed after 106 days at The Whanau Ora Community Clinic. Her agreement contained a probation clause, and the dispute centred on the employer's attempt to use that clause as a shortcut to termination rather than carrying out a substantively justified and fair process.

Matched passage: Trial period clauses must comply with section 67A: they must be in writing and must state the employee cannot bring a personal grievance for dismissal.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
STL Linehaul Ltd v Waters [2022] NZEmpC 114 - employer challenge unsuccessful

STL Linehaul challenged an ERA determination that had found Leo Waters' redundancy unjustified and awarded him remedies. The Employment Court proceeding tested whether the employer could overturn that employee-side outcome and the amounts flowing from it.

Matched passage: Primary documents and related material STL Linehaul Ltd v Waters [2022] NZEmpC 114 Waters v STL Linehaul Ltd [2021] NZERA 304 AndersonLaw summary of [2021] NZERA 304 If you are considering raising a Personal Grievance (PG), the applicable time limit can be critical.

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