ABBAS v NO1 BLINDS LIMITED [2025] NZERA 287

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

According to the determination, In that light, the company submitted it was unlikely Mr Kumar had summarily dismissed Mr Abbas that day in the brusque way alleged. After that, Firstly, this was consistent with an email Mr Kumar sent to Mr Abbas' advocate on 11 March, responding to her letter of 6 March which had raised a personal grievance for unjustified dismissal. Later, Whether the employment ended, in fact, by Mr Abbas being told his employment was terminated or, alternatively, he walked out believing he was about to be dismissed, the company's actions fell short in meeting the requirements of the s 103A test for the following reasons. Subsequently, If Mr Abbas left because he understood he was about to be dismissed, this was a resignation caused by being unfairly treated by his employer, so that his employment then ended by constructive dismissal. In the later stages, Mr Abbas must be paid at the rate of $25 for each of the following hours of work: eight on 12 February, 12.5 on 13 February, 14.5 on 14 February and eight on 20 February 2024. Ultimately, On the combined total of $1,161, due as arrears of wages and holiday pay, the company must also pay interest from 21 February 2024 to the date payment is made in full. In the end, Mr Abbas' advocate requested his time and wages records by letter on 6 March 2024 when raising his personal grievance.

Key case markers

• This determination comes from the Auckland registry.
• The parties are ABBAS (employee) and NO1 BLINDS LIMITED (employer).

Key events described

• In that light, the company submitted it was unlikely Mr Kumar had summarily dismissed Mr Abbas that day in the brusque way alleged.
• Firstly, this was consistent with an email Mr Kumar sent to Mr Abbas' advocate on 11 March, responding to her letter of 6 March which had raised a personal grievance for unjustified dismissal.
• Whether the employment ended, in fact, by Mr Abbas being told his employment was terminated or, alternatively, he walked out believing he was about to be dismissed, the company's actions fell short in meeting the requirements of the s 103A test for the following reasons.
• If Mr Abbas left because he understood he was about to be dismissed, this was a resignation caused by being unfairly treated by his employer, so that his employment then ended by constructive dismissal.
• Mr Abbas must be paid at the rate of $25 for each of the following hours of work: eight on 12 February, 12.5 on 13 February, 14.5 on 14 February and eight on 20 February 2024.
• On the combined total of $1,161, due as arrears of wages and holiday pay, the company must also pay interest from 21 February 2024 to the date payment is made in full.
• Mr Abbas' advocate requested his time and wages records by letter on 6 March 2024 when raising his personal grievance.
• The letter noted failure to provide the 6 www.justice.govt.nz/fines/civil-debt-interest-calculator. information could result in a penalty if the matter proceeded to an Authority investigation meeting.

Decision markers

(No decision markers were extracted automatically.)

Money and remedy references

• Lost wages / arrears: $1,000, $25, $1,075, $86, $1,161
• Compensation: $25,000, $4,000, $8,000
• Penalty: $40,000, $20,000, $2,000, $4,000
• Other payments: $4,000, $8,000, $25

Practical takeaways

• Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
• Trial-period disputes often come down to strict compliance and what was actually agreed.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.