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Results for performance improvement plan

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Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: Poor performance usually requires clear expectations, support, and a reasonable opportunity to improve.
Personal Grievance (PG)
17 articles

A Personal Grievance (PG) is the main process employees use to challenge unjustified dismissal, unjustified disadvantage and other unlawful treatment at work. Time limits are strict and how the grievance is first raised can matter.

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Medical Incapacity Dismissal
7 articles

An employer can sometimes end employment where illness or injury means an employee cannot perform the role, but there is no automatic dismissal point. Medical information, prognosis, reasonable time, alternatives and a fair process all matter.

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Employment Lawyers and Advocates
13 articles

People searching for an employment lawyer often need practical representation for a dismissal, Personal Grievance, mediation or Employment Relations Authority claim. In New Zealand, both lawyers and employment advocates can perform important representation roles, but they are not the same.

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Casual Employment
9 articles

Casual employees have the same rights as permanent employees. The Employment Relations Act 2000 does not distinguish a casual employee from a permanent employee which can cause confusion.

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OAS v JIK Limited [2026] NZERA 474 - employee dismissed after seeking family violence leave

Chef OAS told JIK Limited he needed time away from work after family violence affecting his children, including meetings with victim support and steps toward a protection order. The employer treated his messages as resignation or abandonment and omitted him from the next roster.

Matched passage: ... At a glance Citation: [2026] NZERA 474 Registry: Auckland Authority member: Matthew Piper Applicant: OAS Respondent: JIK Limited Representatives: Claudia Serra for OAS; Arvind Nair for JIK Investigation meeting: 8 May 2026 Determination date: 16 July 2026 Role: chef ...

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