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Results for performance improvement plan

Showing 33-40 of 48 results
LUO v BAZ [2026] NZERA 549 - genuine redundancy undone by inadequate consultation and redeployment

BAZ had genuine commercial reasons to make Luo's role redundant, but the employee was not given a fair opportunity to engage with the proposal or meaningful redeployment possibilities before the decision was made.

Matched passage: LUO reasonably understood an individual discussion to be about her development and performance rather than consultation over the possible loss of her job.
KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts

Retail employee KCY complained of bullying linked to her Russian ethnicity, was placed on paid leave without proper consultation and directed to transfer stores immediately. She was later summarily dismissed over expired promotional gifts and disclosure of a back-office code.

Matched passage: Dismissal remedies KCY had no prior misconduct record and positive performance reviews.
Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal

Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.

Matched passage: The allegations referred to performance and conduct at worksites, the state of the company van and equipment, failure to fulfil duties, and honesty and accountability.
Steven David Mitchell v Tasman Rugby Union Incorporated [2026] NZERA 435 - CEO returned to payroll on interim reinstatement

Tasman Rugby Union dismissed chief executive Steven Mitchell after an organisational review became intertwined with later misconduct allegations. He sought interim reinstatement, arguing the process appeared predetermined and that his substantive dismissal grievance had real strength.

Matched passage: A December 2025 letter raised performance, visibility, attendance and communication issues.
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: The plan was for ZZP to work three half-days from 7 to 11 October, five half-days from 14 to 25 October, and then five full days from 28 October 2024.
Todd Dormer v Rhino-Rack New Zealand Limited [2026] NZERA 353 - ambiguous commission clause, Sales Commission Scheme, and unjustified disadvantage

Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.

Matched passage: The ERA accepted that Rhino-Rack exacerbated the impact by failing to put enough detail in the employment agreement and by failing to provide definitive written material and a clear explanation of the commission scheme, even after Mr Dormer queried it in October 2024.
Jennifer Jacobsen v Cube Innovations Limited [2026] NZERA 356 - invalid trial period, no notice, and dismissal by email

Jennifer Jacobsen was dismissed by email only days into part-time work for Cube Innovations. Cube relied on a 90-day trial even though the evidence indicated she had started work before signing the agreement and the employer had not given the contractual notice required by the clause.

Matched passage: Ms Jacobsen was dismissed abruptly by email, with no meaningful warning, no explanation of performance concerns, no opportunity to respond, and no fair process.
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: If PNF had concerns about Mr Nunn's ability to process product, enter data into Tally, or complete correct documentation, it needed to tell him that and address the matter as a performance or training issue where appropriate.

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