Hurikawa v Walton Mountain Ltd [2026] NZERA 8 - Unjustified dismissal and remedies

ERA held the employer could not rely on a one-year fixed-term clause because the statutory requirements were not met (no genuine reasons agreed and reasons not recorded). Ending employment without giving the employee a chance to comment was unjustified. Orders: $15,600 gross lost wages and $12,000 compensation (costs reserved).

ERA held a night shift recovery support worker was unjustifiably dismissed after video evidence of sleeping was relied on, in circumstances where night staff had a legitimate expectation they could sleep during combined breaks and management had not clearly changed that practice. Reinstatement was declined, but the...

ERA held the employee's redundancy dismissal was unjustified: Pamu relied on automation efficiencies but did not clearly justify why the AP Team Leader role was surplus, ran a short consultation, and mishandled redeployment communications. Orders: $18,000 compensation and $8,900.15 net lost wages.

ERA held a fixed-term seasonal worker was unjustifiably dismissed for redundancy because the employer decided to select him for redundancy before meeting him and did not consult. Although the business case to disestablish one fixed-term role was accepted as genuine, the selection process was...

"A cook was told to 'bugger off' and leave the premises amid police concerns about marijuana plants on the owner's property. The ERA found this was a dismissal and awarded $13,520 lost wages, $10,000 compensation, and $249.60 holiday pay (plus interest)."

ERA held the employee was constructively and unjustifiably dismissed when the employer told her not to return to work until mid-January and refused to pay her contracted hours. Orders included $25,000 compensation, $8,320 reimbursement, wage and holiday pay arrears with interest, and penalties split between the employee and the Crown.