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Results for performance improvement plan

Showing 41-48 of 48 results
Devon Whitham v Brutalitees Limited and Christine Dawson [2026] NZERA 325 - tattoo and piercing apprentice was an employee, not a contractor

Devon Whitham entered a tattoo and piercing apprenticeship that Brutalitees described as unpaid and contractor-like despite exercising close control over her work. The case concerned her true employment status, unpaid work and the heated meeting at which the relationship ended.

Matched passage: The ERA recorded that, during the meeting, after discussion about tasks and alleged unsatisfactory performance, Ms Dawson told Ms Whitham that she was not getting paid and was not welcome back.
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: There was no fair performance process.
Prasath Balachandariyar v Civtec Limited [2026] NZERA 302 - redundancy selection unfairly used asthma and wrist injury; compensation and lost wages ordered

Prasath Balachandariyar was selected for redundancy after workplace health issues including asthma and a wrist injury became part of the employer's assessment. He argued the selection process unfairly used his medical circumstances and that the employer had not conducted a fair redundancy process.

Matched passage: The hand therapist had said the ongoing performance of tasks such as wire stripping and using a screwdriver was aggravating tissue and delaying recovery.
Gregory Brian Clarke v Omni Health Limited [2026] NZERA 265 - redundancy substantively justified, but process unfair; $10,000 compensation for disadvantage

Gregory Clarke was made redundant from Omni Health during financial and organisational change. The ERA accepted the commercial rationale and found no suitable redeployment role, but examined whether a series of consultation and process defects caused a separate unjustified disadvantage even though the redundancy itself was genuine.

Matched passage: The proposal noted the declining financial performance and proposed disestablishing three senior roles: (1) manager people and culture (already vacant), (2) a senior administrator, and (3) Mr Clarke's COO role.
Jasmine Woollett v Commissioner of Police [2026] NZERA 53 - Fiji deployment recall and unfair process; $21,000 compensation

Senior Sergeant Jasmine Woollett challenged decisions surrounding her Fiji deployment, including her recall and the process Police used after her working relationship with a deployment manager deteriorated. Her claim was for unjustified disadvantage rather than dismissal.

Matched passage: Her July 2023 performance review was positive.
Hurikawa v Walton Mountain Ltd [2026] NZERA 8 - Unjustified dismissal and remedies

Hurikawa was abruptly told he was 'finished' by Walton Mountain without a stated reason, warning or opportunity to respond. The ERA therefore had to assess a direct verbal termination against the minimum substantive and procedural requirements in s 103A.

Matched passage: Why the ERA found the dismissal unjustified No substantive reason was proved: The employer did not provide evidence of any conduct or performance issue that could justify dismissal.
RISELEY v HUNTLY JOINERY 2000 LIMITED [2025] NZERA 342 - employer breaches caused constructive dismissal

Mr Riseley resigned from Huntly Joinery after a series of employer actions that he said destroyed the employment relationship. The ERA had to decide whether those breaches were sufficiently serious and causative to turn the resignation into a constructive dismissal.

Matched passage: However, the list of specific jobs provided in the email after the phone call and the plan of supervised visits puts Mr Curran's concerns about Mr Riseley into a category that is something more than general upskilling and more akin to performance concerns.
QN v FT LIMITED [2025] NZERA 99 - unjustified dismissal

QN was summarily dismissed as a branch manager after FT Limited investigated an alleged undisclosed conflict of interest involving the engagement of a close family member's company. The ERA examined both the underlying conflict and whether the investigation and decision-making process was fair.

Matched passage: In the end, By letter of 15 December 2024, FT Ltd's counsel, advised that they rejected the personal grievance claiming the action of setting up a meeting to discuss performance concerns was not untoward and had not been escalated to a performance plan or formal warning.

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