u/Dry_Physics_98

Casual disadvantages/dismissal

​Hey everyone, I posted this earlier but deleted on it accident when trying to edit the body, but I've added more details. Anyways, I'm looking for some feedback on whether I have a solid case for a PG based on what I just uncovered via a privacy actrequest.

​I was on a casual contract but had been working for about 16 months total. For the first few months, I was pulling good hours (around 30 to 40 a week), which later leveled out to about 20 hours a week give or take. In late November and early December, I took legitimate sick days, and immediately after, my shifts were completely cut to zero. When I asked why, management gave me a formal line saying it was just the nature of a casual role and "operational needs changing."

​Because the sudden drop felt super weird given my history there, I filed a privacy act request to see what was actually going on behind the scenes. The internal emails I just received show they completely fabricated that excuse. My manager explicitly wrote to the director saying he pulled my shifts and gave them to other staff because another coworker passed on a rumor that I was "planning to use my sick leave and then quit." They never questioned me, checked the facts, or investigated it.

​The files also show they were actively digging through CCTV footage to spot tiny policy infractions to build a negative file behind my back, and they told HR to permanently block me from upcoming team training while telling me to my face it was just a casual lull.

​Given that I have clear written proof that they dropped my hours from ~20 to zero purely out of punitive reliance on unverified gossip and retaliation for a sick day, is this evidence itself enough to successfully pursue a PG for unjustified disadvantage or de facto dismissal?

​I get that my contract explicitly says "casual," but given the circumstances and the fact that I had a steady rhythm of hours for over a year, I know I still have rights. Under NZ law, you can't just use a casual label to bypass the requirement of good faith, and you absolutely cannot penalize an employee for using statutory sick leave

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u/Dry_Physics_98 — 11 days ago