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

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.

Adulto HR Limited believed Briar Kennedy was employed on a 90-day trial, but the employment agreement contained no trial provision and was not given to her until after she started work. Adulto then purported to extend the trial into a probationary period and dismissed her after 97 days. The ERA found there was no valid trial or probationary period, the qualification and performance grounds did not justify dismissal, and the outcome was predetermined. Adulto was ordered to pay $14,900 gross lost remuneration and $16,000 compensation.

PR Kahlon Limited had genuine and well-documented concerns about delivery driver Mandeep Singh's performance, but knew English was a significant barrier and still communicated critical performance and disciplinary information in English rather than Punjabi. The ERA found he did not receive a clear and reasonable opportunity to respond, making his dismissal and suspension unjustified. After a 25 percent contribution reduction, PR Kahlon was ordered to pay $934.29 suspension wages, $10,121.48 lost remuneration, $13,500 compensation and the filing fee.