Ms Udumullaga was presented with an employer-prepared resignation letter and was later told her job had already been disestablished. The dispute concerned redundancy, periods when she said she was fit and available to work, unpaid entitlements, and whether the employer's process was genuine and fair.
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Results for trial period dismissal
A group of MPI employees sought to pursue claims arising from roster and restructure changes despite earlier litigation and a mediated settlement. The preliminary determination addressed whether the claims were barred by the certified settlement, estoppel or the Authority's jurisdiction.
The Platform Media made Ms O'Brien redundant after a period of absence and a dispute that also involved a proposed NDA. The ERA examined whether redundancy was the true predominant reason, whether alternatives and redeployment were genuinely considered, and whether the NDA process caused disadvantage.
Cooper No 1 sold its business and told Ms Piacun her employment was ending, without paying a notice period. The ERA considered whether the sale itself ended employment or whether Cooper had taken the initiative to terminate her contract.
Buci described Ms Jury as casual despite a long pattern of regular shifts. When her hours were cut and the restaurant later insisted she sign a casual agreement before continuing to work, she claimed unjustified disadvantage and constructive dismissal.
LJB had already resigned and was working out one month's notice when EBD's HR manager called her to a meeting, told her to clear her desk and sent her away before the notice period expired. No allegations or supporting material had been put to her in advance and she had no genuine opportunity to respond.
Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.
Nicholas Fry's dispute with Fire and Emergency New Zealand arose from FireSuper membership and a promise about protecting the identity of another person, TEP, whose eligibility he had raised. Mr Fry alleged FENZ broke that promise and that the resulting use of TEP's identity damaged his employment relationship.
