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Results for trial period dismissal

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Election 2026: Labour and Opportunity Asked About the 2026 Employment Law Changes

Ahead of the 2026 election, Labour and Opportunity were asked to state their positions on the recent Employment Relations Act changes, including contribution, remedies and employee access to justice.

Matched passage: ... and associated union-information requirements; and the amendment to section 67B concerning trial-period dismissals. The Government's original policy rationale can be read in the Employment Relations Amendment Bill explanatory material . MBIE also published separate regulatory ...
Wenpeng Yu v Golden Rooster NZ Trading Ltd [2026] NZERA 699 - one week employee was dismissed, not an abandonment

Golden Rooster said chef Wenpeng Yu abandoned his job after only one week, but WeChat messages supported his evidence that the employer had dismissed him because it was unhappy with his productivity. The ERA found no fair process had been followed and awarded $7,500 compensation, $3,559.20 lost wages and annual holiday pay.

Matched passage: The dismissal was unjustified even though the employment had lasted only one week.
James Honotapu v Atlas Fibrous Plaster Company Limited [2026] NZERA 587 - absenteeism dismissal followed an unfair process

Atlas had legitimate concerns about James Honotapu's persistent absenteeism, but did not warn him that a meeting could end in dismissal. The ERA found the dismissal unjustified and ordered $8,574 after reducing lost wages and compensation by 50 percent for contribution.

Matched passage: ... Atlas Fibrous Plaster Company Limited Employment: from 2011, following an earlier lengthy period Dismissal: 16 July 2024 Determination: 24 August 2026 Outcome: unjustified dismissal Lost wages before contribution: $5,148 gross Compensation before contribution: $12,000 ...
Jia Jia v TBS Trading Limited and Helen Han [2026] NZERA 478 - no employment agreement, late wages and radio-silent dismissal

Jia Jia began work for TBS Trading without a written employment agreement, experienced late wage payments and then found the employer stopped communicating and providing work. The case concerned whether that silence and withdrawal of work amounted to dismissal as well as separate pay and documentation breaches.

Matched passage: ... audio-visual link Determination date: 20 July 2026 Role: retail sales assistant Employment period: 3 July 2024 to 15 September 2024 Dismissal: unjustified Disadvantage: unjustified disadvantage also found Written employment agreement: none provided Wages: ultimately paid, but ...
ZZP v Commissioner of Inland Revenue [2026] NZERA 367 - medical incapacity dismissal unjustified because final concerns were not put to the employee

IRD dismissed ZZP for medical incapacity after a lengthy absence and failed return-to-work attempt. The ERA accepted the employer had allowed a reasonable recovery period and could treat later medical evidence cautiously, but the final decision introduced concerns ZZP had never been asked to address.

Matched passage: Important point: medical incapacity dismissals are not just about whether the employer has waited long enough.
Cameron Keen v Prestige Paving NZ Limited [2026] NZERA 344 - unjustified dismissal after employer stopped providing work and pay

Cameron Keen's work and pay with Prestige Paving stopped after the employer ceased providing him with work rather than carrying out a formal dismissal process. The ERA examined whether that practical exclusion from employment amounted to a dismissal and whether any justification existed.

Matched passage: ... April 2026, by audio visual link Determination date: 3 June 2026 Role: labourer Employment period: from 5 August 2024 until the employment ended in disputed circumstances on 14 February 2025 Key issues: unpaid work period after closedown; employer non-communication; unilateral ...
Stephen Nunn v Port Nicholson Fisheries LP [2026] NZERA 345 - unjustified dismissal after crayfish compliance investigations

Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.

Matched passage: The second investigation relied on that warning, withheld key material, failed to show CCTV footage, did not consult before suspension, and did not consider alternatives to dismissal.
Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.

Matched passage: The ERA found that he had an existing right to bring a dismissal claim before the amendment commenced.

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