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Results for dismissal process
A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.
The difference between a probationary period and a statutory 90-day trial, and the fair process an employer must still follow before dismissing an employee on probation.
The legal and practical steps before dismissing for medical incapacity, including reliable medical information, consultation, prognosis, reasonable time to recover and consideration of alternatives or rehabilitation.
Casual workers can still be dismissed during a period of engagement, and disputes often turn on whether the relationship was genuinely casual or had become regular, ongoing employment.
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.
Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.
When a genuine business restructure can still result in an unjustified redundancy dismissal because consultation, disclosure, selection, redeployment or the final decision was not fair and reasonable.
A practical guide to New Zealand 90-day trial dismissals: when the clause is valid, the start date and notice requirements, and the mistakes that can leave an employer exposed to a personal grievance.
