Search Employment Law

Adulto HR believed Briar Kennedy was on a 90-day trial, but the agreement given after she started contained no trial clause. The employer then purported to extend the nonexistent trial into probation and dismissed her after 97 days on qualification and performance grounds.

PR Kahlon had genuine, documented concerns about delivery driver Mandeep Singh's performance and safety, but knew English was a serious barrier and still used English for critical disciplinary communications rather than Punjabi. His suspension and dismissal followed without a clear opportunity to understand and answer the case against him.

Minimarc Childcare dismissed ECE teacher Fatima Fahmy for performance after its centre manager remained the principal evaluator despite known relationship and bullying complaints. The ERA found the assessment was not sufficiently objective and ordered reinstatement, lost wages and $25,000 compensation.

Electrician Brent Colyer was investigated and given a written warning by New Zealand Aluminium Smelters after a gantry-crane incident involving another employee. He later resigned, alleging both unjustified disadvantage from the disciplinary process and constructive dismissal.

Everest Corporation told automotive technician Layth Abu-Laban that his employment would end because an alleged one-year contract would not be renewed. His agreement was actually permanent, and the employer later relied on allegations of poor workmanship, customer solicitation, misuse of property and theft.

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.

GPC treated Ms Parker-Jones as having abandoned her employment after a period involving significant medical issues and absence. The ERA examined whether the employer had enough information and followed a fair process before treating the relationship as ended.

Synergy Nutrition issued Ray Yu a written warning and later dismissed him amid concerns including phone use and his ability to work night shifts. The ERA separately assessed the fairness of the warning, dismissal and Yu's own conduct under the contribution provisions.