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Results for trial period dismissal
A probationary period does not remove an employee's ordinary dismissal rights. The employer should assess suitability fairly, identify performance concerns, provide a genuine opportunity to improve and follow a fair process before dismissal.
![Duane April v Coatrite Fire Limited [2026] NZERA 466 - visa worker underpaid, racialised comments, unlawful deductions and unjustified dismissal](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Duane April, a migrant worker, alleged Coatrite Fire underpaid his agreed hourly rate, made unlawful deductions, subjected him to racialised comments and later dismissed him after a defective disciplinary process. The decision maker did not attend the disciplinary meeting and important allegations were not fairly tested.
Nata Venceslau Dos Santos described a hostile workplace in which visa-related pressure, pay issues and deteriorating treatment preceded the end of employment. The ERA considered dismissal alongside wage arrears and minimum employment-standard breaches.
Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.
Kyle Horsefield sold cars for Eurocars under an arrangement labelled casual, but his work had the characteristics of ongoing employment. The employer later ended the relationship by text, raising both employment-status and dismissal-justification issues.
Master Z Food said Ms Li resigned during an April 2023 meeting; Li said she was told the decision had already been made to dismiss her and she could merely work out the week. Contemporary WeChat messages were central to resolving who ended the employment.
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.
A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.
