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Results for performance dismissal

Showing 41-48 of 86 results
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.
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.
TRANG BUI v HUYNH [2025] NZERA 72 - dismissal and employment-entitlement claims partly successful

Trang Bui worked in a small hospitality business where the parties disputed pay, working arrangements and the circumstances in which her employment ended. The ERA considered dismissal and disadvantage claims alongside minimum employment entitlement issues.

Matched passage: ... 9-12 September 2024 (Wellington) Determination date: 14 February 2025 Outcome: Unjustified dismissal found; 90-day trial defence rejected; remedies ordered. Story in plain English This decision deals with a dismissal during what the employer said was a 90-day trial period, and ...
LIEN v HUYNH [2025] NZERA 70 - trial-period defence fails; dismissal and underpayment grievance succeed

Ms Lien was dismissed from a nail salon after allegations about outside work and later criticism of her performance. The employer also relied on a 90-day trial defence and disputed wages, although the alleged performance concerns had not been properly raised during employment.

Matched passage: Ms Huynh has then proceeded to critique Ms Lien's work performance as a defence against paying her wages at all, paying her contractual rate, and to justify her dismissal.
DWYER v OAKVUE BLOODSTOCK LIMITED [2025] NZERA 251 - disadvantage succeeds but constructive-dismissal claim fails

Ms Dwyer brought sexual-harassment, unjustified-disadvantage, constructive-dismissal and good-faith claims arising from her work at Oakvue Bloodstock. The ERA separated the alleged harassment and resignation issues from specific employer actions that actually disadvantaged her employment.

Matched passage: ... date: 7 May 2025 Outcome: The Authority ordered remedies and addressed unjustified dismissal issues. Story in plain English The Authority ordered remedies and addressed unjustified dismissal issues. In summary, Ms Dwyer raises claims of sexual harassment in relation to ...
Shaoqiang Chen v Wen Hui Lin [2026] NZERA 307 - cash-paid cook unjustifiably dismissed, minimum wage arrears and penalties ordered

Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.

Matched passage: The reasons advanced for dismissal were that another employee had been engaged and that Mr Chen's supervisor considered him too slow.
Anna Murgatroyd v Xero (NZ) Limited [2026] NZERA 305 - redundancy procedurally unfair but no sham; compensation and lost wages ordered

Anna Murgatroyd was selected for redundancy from Xero's education team after a restructure. She alleged the process was predetermined, relying on an earlier Miro board, and also challenged the use of performance-related comments by a selection panel that included her manager.

Matched passage: Around June or July 2024, Ms Ruffino had also raised concerns with Xero's general manager of education and content delivery, Vikki Bean, about Ms Murgatroyd's performance during the roadshow.
Layth Abu-Laban v Everest Corporation Limited [2026] NZERA 292 - permanent automotive technician dismissed after employer tried to treat employment as an unrenewed one-year contract; unjustified dismissal upheld; employer counterclaim failed

Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.

Matched passage: No performance management Mr Abu-Laban accepted that, from time to time, Mr Khan told him his work rate was too slow.

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