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Results for performance management

Showing 41-48 of 52 results
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: The final decision was wrong to say KCY did not qualify for any gift: her Elizabeth Arden purchase met the spending requirement, although management authorisation was still required for an expired gift.
Ashleigh Sanders v Hamilton City Council [2026] NZERA 517 - senior zoo manager's insidious conduct caused unjustified disadvantage

Hamilton Zoo's former senior manager subjected zookeeper Ashleigh Sanders to intrusive personal contact, out-of-hours messages, requests for information about colleagues, favouritism and career-related pressure. She later resigned, long after that manager had left.

Matched passage: She had longstanding concerns about workload, late rosters, short staffing, management culture, training opportunities and animal welfare.
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Long-serving school principal Regina Rasheed was suspended and dismissed after a series of complaints and governance interventions at Zayed College for Girls. The ERA examined the factual basis for the allegations, the fairness of the investigation and a second suspension imposed during the process.

Matched passage: Performance concerns were mixed with conduct concerns Another important flaw was the mixing of performance and conduct matters.
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: Omni charged a management fee for providing services to the acquired practices.
Edmundo Marcelo v Golden Bulls Limited [2025] NZERA 814 - chef dismissed after failed food safety inspection; substantive grounds, but process flaws made dismissal unjustified; $13,707 ordered

Chef Edmundo Marcelo was dismissed by Golden Bulls after a failed food-safety inspection. The employer had substantive concerns about the incident, but the ERA examined whether those concerns were fairly put to him and whether the disciplinary decision was reached through a proper process.

Matched passage: " Analysis Unjustified disadvantage claims Identification of the respondent parties was discussed during the case management conference on 6 May 2025.
Invalid trial period clause, no process, and wage record failures - Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808; $30,087.30 ordered (lost remuneration and distress compensation)

Shania Mortimer was dismissed by Auckland Steam 'N' Dry under a purported trial period. The dispute concerned whether the trial clause was legally effective, whether any dismissal process occurred, and the employer's wage and record-keeping compliance.

Matched passage: The letter referred to performance discussions and concerns, but she told the Authority those discussions had not happened and she did not understand what the letter was referring to.

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