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Results for performance dismissal

Showing 33-40 of 86 results
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.
HAI ZHENG v JCD NZ LIMITED [2025] NZERA 453 - constructive dismissal; compensation and penalty

Hai Zheng's employment dispute with JCD concerned whether he had resigned or whether employer breaches caused his departure, together with associated disadvantage and contractual claims. The ERA examined whether the employer's conduct made resignation a reasonably foreseeable consequence.

Matched passage: Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues.
STEWART v PULSE 2012 LIMITED t/a BROWNE ST [2025] NZERA 241 - dismissal unjustified; compensation reduced 17.5% for contribution

Pulse 2012 dismissed Mr Stewart after alleging he had prepared food for himself at the workplace while recorded as working, in a dispute that also involved allegations of theft. The ERA examined whether the evidence and disciplinary response could justify dismissal.

Matched passage: There was thus no evidence that Mr Hodges and Mr Fraser considered any alternative to dismissal prior to making that decision at the conclusion of the meeting on 9 January 2024.
RAY YU v SYNERGY NUTRITION LIMITED [2025] NZERA 64 - Unjustified dismissal and unjustified disadvantage (warning)

Synergy Nutrition issued Ray Yu a written warning and later dismissed him amid concerns including phone use and his ability to work night shifts. The ERA separately assessed the fairness of the warning, dismissal and Yu's own conduct under the contribution provisions.

Matched passage: The circumstances of the dismissal, which include the discussion of 6 October as well as the meeting of 9 October, do not meet the justification test set out at s 103A of Act or the disciplinary process requirements contained in SNL's policy handbook.
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: Why the case matters An employer can effect a dismissal without using formal words such as "you are dismissed"; the Authority looks objectively at what the parties communicated and did.
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: Employer note: If performance concerns are real, they still need to be raised, documented, and fairly tested with the employee before dismissal.

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