No warnings, no training, and a probation period nobody read correctly
An Auckland employer fired a staff member via WhatsApp, got the probation period wrong, and paid nearly $16,000 for it.
In a determination issued on 26 February 2026, the Employment Relations Authority ruled that Super Vape Store Limited had both unjustifiably disadvantaged and unjustifiably dismissed retail assistant Gemma Pedersen, ordering the company to pay $15,917.48 in compensation and lost wages, with costs reserved.
Pedersen started with the company on 14 October 2024, though the Auckland store she was hired to work in did not open until 18 November 2024. Her employment agreement set a six-month probationary period. She was dismissed on 13 January 2025, three months into the job.
The company cited poor KPI performance as the main reason for the dismissal, pointing to low basket size, basket value, and customer sign-up rates. It also alleged that Pedersen had an unconstructive attitude, poor communication, and was inflexible with rostered shifts. The ERA found that none of these concerns had ever been formally raised with Pedersen. She had received no warning, no opportunity to respond, and no indication her job was on the line.
The termination was delivered by WhatsApp, then confirmed by email, with no fair process followed beforehand. The ERA found this did not meet the fair process requirements under the Employment Relations Act 2000.
There was also a more basic error. Miriam O'Hare, who...
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