Judge Inglis has repeated her reservations about the “double-whammy” effect of dismissal and a damages claim, both arising out of the same poor performance during the employment relationship. She considers that it “sits uncomfortably with the statutory mechanisms for resolving employment relationship issues and may well have a chilling effect on employees considering a personal grievance, concerned not to prompt a retaliatory damages claim in response” (Rainbow Falls Organic Farm Ltd v Rockell [2014] NZEmpC 136.

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