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Results for 90 day trial

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XU v ABHYUDAYA LIMITED and Anor [2025] NZERA 502 - genuine redundancy but process unjustified

Architectural technician Ms Xu was told her role was redundant during a downturn in work. The employer had genuine commercial reasons to reduce staffing, but the decision was communicated without meaningful consultation beforehand.

Matched passage: pdf"; } XU v ABHYUDAYA LIMITED and Anor [2025] NZERA 502 This page summarises and embeds an Employment Relations Authority (ERA) determination.
Raheel Reddy v Studio Image Limited [2026] NZERA 323 - barber dismissed by text message after lateness and attendance issues

Barber Raheel Reddy was dismissed by text after ongoing lateness and attendance concerns. Studio Image argued he had resigned or that termination was justified, but there had been no proper disciplinary process giving him a fair opportunity to answer the concerns.

Matched passage: 90 gross for 13 average weeks, plus 8 percent holiday pay on that sum and KiwiSaver compliance if applicable.
Herewini Dickson v Ballance Agri-Nutrients Limited [2026] NZERA 693 - serious safety breach but dismissal and suspension unjustified

Ballance established that long-serving employee Herewini Dickson breached a safety SOP and that the conduct was capable of serious misconduct, but its process was still unfair. The ERA found both his suspension and dismissal unjustified because critical evidence was not disclosed, the HiPo classification was not fairly put to him and alternatives to dismissal were not adequately considered. Remedies were reduced 30 percent for contribution.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
FHE v Auckland Transport [2026] NZERA 552 - justified dismissal but unjustified initial suspension

Auckland Transport investigated FHE over serious conduct involving a former employee with whom he had been in a relationship. Before completing a fair consultation process over suspension, AT had already effectively removed him from work for two days.

Matched passage: In practice he was required to return work property, escorted while collecting belongings and prevented from working for the remainder of 18 February and the following day.
Jonathan Rhodes v Barfoot & Thompson Limited [2026] NZERA 543 - medical incapacity dismissal before a genuine opportunity to recover

Barfoot & Thompson dismissed senior property manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. An imminent neurological assessment had not been obtained and the proposed alternative role did not fit clinical advice for a graduated return on reduced hours.

Matched passage: The proposed graduated return In December 2023 Mr Rhodes's general practitioner recommended a trial return of three hours a day, three days per week.
Qi Sun v Keene Construction Limited [2026] NZERA 465 - builder dismissed by text after querying apprenticeship costs

Qi Sun was an apprentice builder with Keene Construction when he queried an unpaid $300 apprenticeship-cost payment. The director then texted that there would not be a company and told him not to bother coming to work, creating a dispute about whether those messages amounted to dismissal.

Matched passage: However, Mr Sun succeeded on final-week wages, two weeks' contractual notice, and unpaid annual holidays shown on his final payslip.
Sidney Yu and Jing Tham v Queenstown Nursery Limited [2026] NZERA 446 - casual employment, fixed assignment and unjustified dismissal

Sidney Yu and Jing Tham were engaged by Queenstown Nursery for temporary plant work and were later selected to stop working, with the employer relying on weather and alleged comparative inefficiency. The case concerned whether the casual or short-assignment characterisation justified ending their work without a fair process.

Matched passage: One of those days was Easter Monday, 21 April 2025.
Nata Venceslau Dos Santos v Nresh Group Limited [2026] NZERA 363 - hostile workplace, visa pressure, unjustified dismissal, wage arrears and penalties

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.

Matched passage: Public holidays and interest Mr Dos Santos succeeded in claiming public holiday entitlements for work on Good Friday and ANZAC Day 2024.

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