Unjustified Dismissal and Covid 19
I had a call the other day from an upset employee. He told me he had been dismissed by his employer using the 90-day trial period available to smaller employers. They are a small company and at time of his dismissal employed five people, so now they are down to four.
When he sent me his letter of dismissal it told him they had monitored his performance over the last couple of weeks and found it not to be up to the standard they would want, so he was dismissed per the 90-day trial clause. It also told him they had partly made the decision as a result of loss of work and revenue due to Covid 19. He was told as he was their highest paid employee this was also a factor.
When I was provided with his IEA it unfortunately makes no mention of a 90-day trail. We are all aware or should be that the 90 trial must be in writing. So, the employer in this case can’t rely on the trial period as an avenue for dismissal.
In addition, a search of the list of employers who have claimed the Covid wage subsidy show that this employer had claimed for all five full time employees sometime after he had been dismissed. Either this was an error or just plain fraud, by claiming for five employees when they only had four.
In brief then not only do they find themselves on the wrong side of an unjustified dismissal claim. They have left themselves open to scrutiny from the Govt re the wage’s subsidy scheme. It clearly states that the subsidy is for 12 weeks and they expect that the employer retains the people it claimed for, for that period.
Why do some employers insist on trying to flout the system is it genuine ignorance, or are they just trying to give it a go?
Take advice people, speak to your accountant about the best way to do this financially. Speak to an ER specialist, talk to the EMA or check the Covid website at www.covid19.govt.nz... but don’t just fly solo.
Have you got New Zealand's best shed? Show us and win!
Once again, Resene and NZ Gardener are on the hunt for New Zealand’s best shed! Send in the photos and the stories behind your man caves, she sheds, clever upcycled spaces, potty potting sheds and colourful chicken coops. The Resene Shed of the Year 2026 winner receives $1000 Resene ColorShop voucher, a $908 large Vegepod Starter Pack and a one-year subscription to NZ Gardener. To enter, tell us in writing (no more than 500 words) why your garden shed is New Zealand’s best, and send up to five high-quality photos by email to mailbox@nzgardener.co.nz. Entries close February 23, 2026.
Poll: 🤖 What skills do you think give a CV the ultimate edge in a robot-filled workplace?
The Reserve Bank has shared some pretty blunt advice: there’s no such thing as a “safe” job anymore 🛟😑
Robots are stepping into repetitive roles in factories, plants and warehouses. AI is taking care of the admin tasks that once filled many mid-level office jobs.
We want to know: As the world evolves, what skills do you think give a CV the ultimate edge in a robot-filled workplace?
Want to read more? The Press has you covered!
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52% Human-centred experience and communication
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15.3% Critical thinking
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29.8% Resilience and adaptability
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2.9% Other - I will share below!
Brain Teaser of the Day 🧠✨ Can You Solve It? 🤔💬
Make a hearty dish. Take just half a minute. Add four parts of kestrel. Then just add one. What have you made?
(Trev from Silverdale kindly provided this head-scratcher ... thanks, Trev!)
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