ERA explains what employers need to do when managing underperformance
30 Apr 2025
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The Employment Relations Authority (ERA) recently dealt with a case involving allegations of unjustified dismissal and disadvantage in a workplace setting.
The case highlighted several key employment law issues including performance management processes, handling of bullying complaints, and procedural fairness in dismissals.
A worker claimed that he faced multiple disadvantages in his employment, including not being consulted about changes to his reporting structure, experiencing bullying from his manager, and being placed on an unjustified Performance Improvement Plan (PIP).
He further argued that his eventual dismissal was unjustified and that the PIP was merely a vehicle to remove him from the workplace.
The employer strongly denied these allegations, maintaining that they had followed proper processes throughout the employment relationship. They also argued that some of the worker's complaints were raised well outside the statutory time limit for personal grievances.
The worker began employment with the University of Canterbury in June 2017 as an electronics and software design technician. The role required providing specialist electronics and software support to meet department needs, with the worker initially reporting to a technical services manager.
In July 2019, a senior technician's role was re-evaluated and re-banded to electronics...
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