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Results for 90 day trial

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THING v SOUTH POLE IP HOLDING (NZ) LIMITED [2025] NZERA 142 - dismissal theory fails in part but disadvantage grievance succeeds

Ms Thing's dispute with South Pole IP Holding concerned whether the end of her employment was a dismissal or resignation and whether the employer's earlier conduct had unjustifiably disadvantaged her. The case required the ERA to distinguish direct or constructive dismissal from separate disadvantage grievances.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
DRUMMOND v THE VICE-CHANCELLOR OF MASSEY UNIVERSITY [2025] NZERA 82 - 90-day limit: warning grievance in time, earlier claims out

Jackson Drummond sought to pursue a series of disadvantage, discrimination and good-faith complaints against Massey University, some dating back many months before his December 2023 grievance letter. The preliminary issue was which claims had actually been raised within the statutory 90-day period.

Matched passage: ... notes that In terms of the alleged cumulative events, Mr Drummond submits that the 90- day timeframe started on the day of the last event, that being 3 November 2023, and that there was a continuous course of action from April 2023 to November 2023 that amounted to ...
Conditional job offers in NZ: when an employer can withdraw and what claims apply

When an accepted conditional job offer can create employment rights before the employee's first day, and the risks when an employer withdraws the offer after conditions are said to have failed.

Matched passage: ... of employment and unfair dismissal Download File: Conditional offer of employment Read more 90 day trial Probationary period Constructive dismissal Unfair dismissal The fastest way is to submit the case form with a short timeline and key documents. Employee Case Form
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: The determination is a useful reminder that probation clauses and 90 day trial periods are different legal tools, and employers cannot "backdate" a probation decision after the period has already ended.
Wenpeng Yu v Golden Rooster NZ Trading Ltd [2026] NZERA 699 - one week employee was dismissed, not an abandonment

Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.

Matched passage: There was no 90-day trial clause.
Gary Cotton v Darcee Gosling, Gosling Solutions Limited, and Rob Ralston [2022] NZERA 90 - employer identity dispute; sole trader held liable; summary dismissal unjustified; $19, - orders for lost wages, arrears, holiday pay, and compensation

Gary Cotton's case required the ERA to identify who his employer actually was after work performed through Gosling Solutions and dealings involving Darcee Gosling and Rob Ralston. The case also concerned a summary termination and claims for unpaid employment entitlements.

Matched passage: He started work the next day.
MBIE employment mediation: what to expect and how to prepare

What employees should expect at MBIE employment mediation: the mediator's role, joint and private sessions, preparation, negotiation and how a settlement becomes binding.

Matched passage: Quite often I hear this if an employee has been on a 90 day trial period, probationary period, has been a casual employee for a short period, or has been fired not long after commencing employment.

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