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Results for performance dismissal

Showing 41-48 of 117 results
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.
Bridget Addy v Auckland Steam 'N' Dry Limited and Graeme Stephens [2022] NZERA 657 - constructive dismissal after a 'trial period' threat by text; $8,000 compensation, $3,600 reimbursement, $2,000 penalty

Auckland Steam 'N' Dry raised performance concerns with Bridget Addy by text and threatened that she would not make it through a supposed three-month trial, although her agreement contained no trial clause. She resigned in response.

Matched passage: Key findings Text message performance management was inappropriate: the Authority found performance concerns should have been raised face-to-face in good faith, in a supportive way, rather than by text.
Unfair Dismissal (Unjustified Dismissal)
21 articles

An unjustified dismissal is a Personal Grievance claim. The central question is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances.

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Shenwei Zhang v Fat Dragon Restaurant Management Limited and Kejian Ji [2025] NZERA 737 - 'casual' label rejected; unjustified dismissal by WeChat; $5,686.33 reimbursement, $12,000 compensation, $9,904.08 arrears plus interest

Shenwei Zhang worked for Fat Dragon Restaurant Management under an arrangement the employer described as casual. After the relationship deteriorated, his work was ended through WeChat and he pursued dismissal, wage and holiday-pay claims.

Matched passage: Mr Zhang treated that as a dismissal.

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