An employee may bring a personal grievance for disadvantage if, “the employee’s employment, or one or more conditions thereof, is or are affected to the employee’s disadvantage by some unjustifiable action by the employer”. (Section 103 (1)(b) of the Employment Relations Act 2000).

Vmr V Civil Aviation Authority 2021

Last month, a case came out of the Employment Court denying interim reinstatement for unvaccinated workers at Christchurch Airport.

Interim Reinstatement case – VMR v Civil Aviation Authority [2021]

Last month, a case came out of the Employment Court denying interim reinstatement for unvaccinated workers at Christchurch Airport.

Employee Valid Trial Period Wins Disadvantage Claim 2

Ms Balmaceda was employed by Amphibian Swimming Academy Limited (the respondent) as a swimming instructor on 10 June 2013 until she was dismissed on 15 August 2013 pursuant to a 90 day trial provision in her employment agreement. Ms Balmaceda filed a personal grievance alleging unjustified action by the respondent which caused her disadvantage. The unjustified action was the refusal to pay her wages.

Dismissed

It’s an awful situation to find yourself in, but it actually happens more often than you may think.  Being sacked, fired, or instantly (summarily) dismissed without notice can be a huge shock to your system, and your finances!  Feeling bewildered and not knowing where to turn or what to do is common.  So, to give you a bit of advice with where to start we’re going to cover off the basics below.  Were you on a trial period? Was your suspension fair? Did your employer follow a fair process? Did the punishment fit the crime? How do I raise a personal grievance if I think I was unjustifiably dismissed? We’ll answer these questions and more.

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