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Results for performance dismissal

Showing 33-40 of 117 results
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.
Yusong Du v Sly House Limited [2025] NZERA 765 - WeChat dismissal and 50% contribution reduction

Sly House sent migrant construction worker Yusong Du a WeChat message saying he was unsuitable because he was too slow and lacked strength, then argued he had abandoned the job. The ERA also considered evidence that he had overstated his prior work experience.

Matched passage: There was no evidence of active attempts by the employer to contact him to confirm abandonment, and the WeChat message was clear evidence that Sly House was ending the relationship because it was dissatisfied with his performance.
Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - summary dismissal held unjustified; reinstatement declined; $20,000 compensation after contribution

Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.

Matched passage: The Authority considered the conduct was more consistent with an emerging performance or misconduct issue related to communication style, which should have been addressed earlier through counselling and/or a performance plan rather than summary dismissal.
Wang v Steel Master Co Ltd [2025] NZERA 457 - dismissal, not resignation; $11,000 compensation and 8 weeks lost wages

Steel Master said Mr Wang had resigned, but he had been given a choice between finding another job and being unilaterally dismissed. The ERA examined the objective effect of that ultimatum rather than the employer's description of the ending.

Matched passage: The ERA disagreed, finding the employment ended by the employer's action and that the dismissal was unjustified.

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