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Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand

New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.


Unfair Dismissal (Unjustified Dismissal) Cases

These unfair dismissal (unjustified dismissal) case summaries cover Employment Relations Authority (ERA) decisions from across New Zealand. Each case highlights the facts, the Authority's reasoning, and the outcome, so you can see what tends to help or hurt a dismissal justification.

If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

If you are dealing with a dismissal dispute, these examples can help you understand common errors in process, the standard of reasonableness applied, and typical remedies where a dismissal is found to be unjustified.


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Showing 1-8 of 189 articles in Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand
Regina Rasheed v Commissioner of Zayed College for Girls [2026] NZERA 326 - school principal reinstated after unjustified dismissal

Regina Rasheed was principal of Zayed College for Girls for about 14 years before being dismissed by the Commissioner in June 2025. The ERA found unjustified disadvantage, unjustified suspension, unjustified dismissal, breaches of the collective agreement and good faith, and ordered reinstatement, lost wages, 23 days sick leave reimbursement, $40,000 compensation, and a Trust penalty...

Natalie Butler-Smith v David and Dale Cavey t/a DG and DV Cavey Partnership [2026] NZERA 324 - farm assistant dismissed before returning from parental leave

Natalie Butler-Smith was a part-time permanent farm assistant who went on parental leave and expected to return to work in February 2024. Before her return, the Partnership told her that her employment was being terminated because of health and safety issues arising from her having a baby on the farm. The ERA found the dismissal unjustified and ordered $32,432...

Raheel Reddy v Studio Image Limited [2026] NZERA 323 - barber dismissed by text message after lateness and attendance issues

Raheel Reddy worked as a barber for Studio Image Limited. After he was late attending work because he was viewing a replacement car after an accident, Studio Image sent text messages telling him he would be paid his remaining leave and should collect his tools. The ERA found this was a dismissal, not a resignation, and that the dismissal was unjustified.

Junchen Xu v Aurora Developments Limited [2026] NZERA 320 - quantity surveyor wins unpaid wages, holiday pay and unjustified redundancy claim

Junchen Xu worked for Aurora Developments Limited as a project quantity surveyor. The ERA found he was an employee from 1 March 2021, despite the employer saying the first month was only learning and observation. The ERA also found his redundancy dismissal was unjustified because ADL did not consult, did not provide a proposal, and did not explain the business reasons before ending his employment.

Devon Whitham v Brutalitees Limited and Christine Dawson [2026] NZERA 325 - tattoo and piercing apprentice was an employee, not a contractor

Devon Whitham worked at Brutal Ink in New Plymouth after responding to a Facebook post for a piercing apprentice. The ERA found she was an employee of Brutalitees Limited, not an independent contractor, and that her dismissal at a heated meeting on 19 September 2024 was unjustified. The ERA ordered unpaid wages, holiday pay, 13 weeks lost remuneration, $15,000 compensation, and penalties...

Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

Mujahid Khan was dismissed by the Ministry for Primary Industries after 18 years as a senior quarantine officer. MPI relied on complaints about a lunch visit to a friend's house during work hours, use of an MPI vehicle, and an allegation that he raised his voice at a colleague. The ERA did not finally decide the unjustified dismissal claim, but found there was a serious question to be tried and ordered interim reinstatement to payroll within 5 working days and to his former position within 7 working days...

Philip Moller v Cardinal Logistics Limited [2026] NZERA 318 - drug test refusal, unjustified dismissal, unjustified suspension

Cardinal Logistics Limited dismissed the Applicant after he refused a drug and alcohol test, but the ERA found Cardinal did not establish genuine and reasonable grounds for requiring that test. Cardinal let him keep driving for about two hours after the alleged safety complaint, failed to verify the allegation, and the dismissal and suspension were found unjustified.

Sasha Lee v JNJ Management Limited and National Holdings Limited [2026] NZERA 309 - redundancy unjustified, duties removed without consultation, wage arrears and holiday pay ordered

Sasha Lee worked as personal assistant to the sole director of the JNJ Group, but her actual role extended across a range of group businesses. The ERA found she was employed by JNJ Management Limited, not National Holdings Limited, but that JNJ had unjustifiably disadvantaged her by removing key duties without consultation and unjustifiably dismissed her by redundancy. JNJ was ordered to pay $105,342.25 gross wage arrears, $34,373.75 gross annual holiday pay, $17,500 compensation, and 13 weeks' lost wages...

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