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Results for performance dismissal

Showing 65-72 of 117 results
Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned

Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.

Matched passage: The Authority dismissed his personal grievance and held the dismissal justified.
Urgent Employment Law Advice for Employers NZ | Dismissal and Suspension

Urgent employer guidance for situations where dismissal or suspension is being considered and an immediate decision could create a personal grievance or destroy useful evidence.

Matched passage: Related employer help pages These pages may also assist: Dismissal and disciplinary process for employers NZ - before sending a warning, outcome letter, or dismissal letter.
Glenice Cooper v Success Realty [2025] NZERA 782 - redundancy, performance; what the ERA decided and what was ordered

After 21 years as a marketing manager, Glenice Cooper was dismissed for redundancy by Success Realty. By the investigation meeting the employer conceded the dismissal was unjustified, leaving the ERA to determine the proper level of lost remuneration, bonus and compensation.

Matched passage: It was accepted by SRL that in all the circumstances, this amounted to an unjustified dismissal.
Valerie Leech v Electrical Importing Co Limited [2026] NZERA 553 - employment was agreed before the 90-day trial was signed

Electrical Importing Co agreed Valerie Leech's core job terms and told her when to start before presenting a written employment agreement containing a 90-day trial clause. It later relied on that clause to dismiss her.

Matched passage: The dismissal was unjustified.
Filisi Beswick v Friendly Loans Limited [2026] NZERA 436 - medical incapacity dismissal without a fair inquiry

Friendly Loans dismissed Filisi Beswick for medical incapacity less than four weeks after hospitalisation, despite updated information that her condition had improved and requests to discuss returning or working from home. The employer also deducted $2,439.09 from her final pay for a loan.

Matched passage: ... reasonable recovery period; medical information; employee input; alternatives to dismissal; lawful wage deductions; lost remuneration; contribution Dismissal: unjustified Final-pay deduction: unlawful Compensation: $12,000 Lost wages: $9,997 gross Unlawful deduction ...
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: There was no genuine consideration of any explanation before dismissal.
Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

Brandt Tractor removed sales manager Nicholas Pilcher from the workplace on 'special leave', took his phone and laptop and then dismissed him five days later over four bullying and harassment complaints. He was not given the underlying complaints, even in redacted form, or a genuine chance to answer them.

Matched passage: The transcript of the dismissal conversation began with Brandt telling him the decision was final.
Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 - courier driver held to be employee; constructive dismissal after ACC pressure; $26,146.26 ordered

Courier driver Xiaoshuai Huang was bitten by a dog, went on ACC and was pressured to withdraw his ACC claim on the basis that Fast Horse said he was a contractor. After he refused, he was removed from the work messaging system and stopped receiving jobs.

Matched passage: pdf"; } Xiaoshuai Huang v Fast Horse Limited t/a Fast Horse Express [2026] NZERA 224 This determination deals with an "employee vs contractor" dispute in the courier industry, and a personal grievance for unjustified dismissal by constructive dismissal.

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