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Results for personal grievance

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LI v MASTER Z FOOD LIMITED [2025] NZERA 335 - WeChat evidence showed employer ended employment

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.

Matched passage: Decision markers Remedies [38] Ms Li has established a personal grievance for unjustified dismissal.
PAETZ v SOLLY'S FREIGHT (1978) LIMITED [2025] NZERA 319 - The Authority found a constructive dismissal was established.

Mr Paetz resigned from Solly's Freight after disputes about excessive hours and the employer's failure to conduct a required pay review. He argued those ongoing breaches caused his resignation and also independently disadvantaged him while employed.

Matched passage: What is clear from the evidence is that Mr Solly engaged with Mr Paetz over his concerns in the meeting on 11 November 2023 and then Solly's provided a written response to the personal grievances raised on 4 December 2023, in a letter of 8 December 2023.
PENNY v FRELLO LIMITED [2025] NZERA 317 - redundancy consultation and redeployment failures

Henry Penny was selected for redundancy from Frello's software-development team after a restructure intended to reduce headcount. He argued resignations had already reduced staff numbers, the selection outcome was predetermined, and consultation and redeployment were not genuine.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Olliver & Taylor v Te Araroa [2025] NZERA 312 - fixed-term dismissals unjustified; $37,500 and $27,500 compensation

Community Connectors Daynah Olliver and Sheena Taylor were employed on fixed-term agreements that did not properly record the statutory reasons for the fixed terms. Te Araroa then tried to end both employments early without a fair process.

Matched passage: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
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: If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.
Tammy Maxine Stevenson v Mountain Chalets (2005) Limited [2025] NZERA 248 - not dismissed, but unjustified disadvantage; casual label rejected, $8,000 compensation and holiday pay recalculation

Tammy Stevenson had worked regular cleaning hours for Mountain Chalets for years despite the employer describing her as casual. A dispute over guaranteed hours and a phone conversation then led her to claim dismissal and challenge the employer's treatment of her employment status and holiday entitlements.

Matched passage: The unjustified dismissal personal grievance was therefore not upheld.
SWENSON v AKITIO TRUCKING LIMITED [2025] NZERA 214 - unjustified dismissal with contribution reduction

Akitio Trucking dismissed Mr Swenson after concluding he punched another driver. He argued the employer had failed to deal with earlier theft allegations and that its investigation and dismissal process were unjustified.

Matched passage: When considering whether Mr Swenson's actions contributed towards the situation that gave rise to his personal grievance of unjustified dismissal, The Authority found that they did so, and that they were blameworthy.
MCCANN v WINTON CAPITAL LIMITED [2025] NZERA 171 - constructive dismissal; substantial lost remuneration and compensation

Ms McCann resigned while on sick leave after conflict with Winton Capital, pressure around the employment relationship and removal of access to a senior executive's email and calendar. She alleged the cumulative conduct made continued employment untenable.

Matched passage: ... on 19 September 2023 to ask when it would suit to discuss the offer. Ms McCann raises personal grievance for unjustified dismissal [60] Ms McCann obtained legal representation and on 26 September 2023, her previous representative sent a letter to Winton's legal ...

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