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Results for performance management

Showing 33-40 of 52 results
Selwyn McDonald v Traffica Roading Services Limited [2026] NZERA 360 - on-the-spot dismissal after heated worksite exchange

Traffica summarily dismissed foreman Selwyn McDonald on site after a heated exchange with a director. The ERA accepted that Mr McDonald made serious disrespectful comments with racial connotations, but he was given no chance to answer before being fired.

Matched passage: The ERA's reasoning focused on the fact Mr Ahmed dismissed Mr McDonald on the spot after the heated exchange, rather than after a disciplinary process dealing with the THC result, work performance, or other concerns.
Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: The first complaint and the Performance Improvement Plan (PIP) On 16 January 2024 Brandt was alerted to concerns from another employee (anonymised as MJP) about alleged harassment and intimidation.
Emily Grinsted v Bunnings Limited [2026] NZERA 236 - STI bonus claim succeeds; four other disadvantage claims fail

Emily Grinsted, Bunnings' New Zealand People and Culture Manager, brought five unjustified-disadvantage claims while remaining employed. The complaints concerned how criticisms were raised, information and duties, contractual obligations and a short-term incentive bonus.

Matched passage: The Authority therefore order Bunnings to pay Ms Grinsted her entitlement under the STI as if she had achieved an individual performance outcome of 75% for the relevant period.
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: It said Mr Zheng attended a performance review meeting on 11 April 2024 where he was offered and accepted ongoing work as a sales assistant in three stores.
FVG v YJN [2026] NZERA 242 - suspension and dismissal unjustified; remedies reduced 30% for contribution

FVG, a structural engineer, challenged her suspension, the handling of bullying and performance concerns, and her eventual dismissal by YJN. The case required the ERA to separate several disadvantage allegations from the fairness of the final dismissal process.

Matched passage: ... evidence, setting aside her witness... As set out in directions after discussion at a case management conference with the parties, the issues for investigation and determination are: (a) Was FVG disadvantaged by unjustifiable action of YJN regarding: (i) failure to investigate ...
Workplace Bullying
4 articles

Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.

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Employment Law Advice for Employers
20 articles

Employer employment law help for Personal Grievance responses, disciplinary process, redundancy, MBIE mediation, ERA claims, settlement strategy and Employment Court risk.

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EMA's case for regulating employment advocates is not evidence-led

A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.

Matched passage: Its own material describes services involving personal grievances, dispute resolution, mediation, ERA and Employment Court representation, disciplinary matters, performance, incapacity, restructuring and redundancy.

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