Cameron Wong v Obers Brothers Construction Limited (in liquidation) [2025] NZERA 713

Sleaktek stopped paying chief executive Juliet Hull, pursued a predetermined redundancy and later alleged serious misconduct without a fair process. The ERA upheld dismissal and disadvantage grievances and ordered more than $180,000 before interest, with findings against the director personally.

A store manager told Yucen Xi to resign or be fired, demanded her key and called security without first raising any allegations. The ERA found unjustified dismissal and disadvantage, awarding $18,000 compensation, lost wages, holiday pay and penalties.

Café owner Pei Su loudly questioned chef Eun Joo Kim's competence and trustworthiness in front of other staff and told her that if she could not do the job she could go. The ERA found this repudiatory conduct caused an unjustified constructive dismissal. Sage & Umber Limited was ordered to pay $8,704.40 gross lost wages, $18,000 compensation, wage and holiday-pay arrears, interest and a penalty.

Electrical Importing Co Limited agreed the job's core terms with Valerie Leech and directed her when to start before presenting a written agreement containing a 90-day trial. The ERA found she was already an employee when the trial provision was signed, so the trial was invalid and her dismissal was unjustified. She was awarded $21,250 gross lost remuneration and $13,000 compensation.

BAZ had genuine financial reasons to restructure, but it gave LUO no proper proposal, financial information, timeframe or clear warning that her job was at risk. It then required her to apply for a new role that was substantially the same as her existing position. The ERA found the redundancy dismissal unjustified and awarded $11,000 compensation.

Barfoot & Thompson Limited dismissed Senior Property Manager Jonathan Rhodes for medical incapacity while he was recovering from concussion and further head injuries. The ERA found he had not received a genuine opportunity to recover, the inquiry into his prognosis was incomplete, an imminent neurological assessment was not awaited, and the proposed alternative role did not reflect the clinical advice for a graduated return on reduced hours. The dismissal was unjustified and Barfoot & Thompson was ordered to pay $30,000 compensation.