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

Auto John Huntley-Byrne was dismissed from his café job at Hind Quarters after close-up tasks were left incomplete. The ERA found Dallison 2021 Limited had some basis to be concerned, but it dismissed him by text message without a proper disciplinary meeting, without a real opportunity to respond, and without the procedural protections required by the employment agreement and handbook. Dallison was ordered to pay $7,469.28 gross lost wages and $13,500 compensation after a 10 percent contribution reduction, plus a $500 penalty to the Crown for incomplete wage and time records.

Jennifer Jacobsen was dismissed by Cube Innovations Limited after only a few days of part-time work. Cube tried to rely on a 90-day trial period, but the ERA found the trial period could not protect the dismissal because Cube gave no contractual notice and, on the balance of probabilities, the employment agreement was signed after Ms Jacobsen had already started work. The dismissal was found unjustified, Cube also unjustifiably disadvantaged Ms Jacobsen by failing to give written reasons for dismissal, and Cube was ordered to pay $2,436 gross lost wages, $15,000 compensation, and KiwiSaver employer contributions.

Cameron Keen worked for Prestige Paving NZ Limited as a labourer. After a Christmas closedown, the employer failed to provide work, failed to pay him, placed him on leave without pay without his request, and then stopped communicating. The ERA found Mr Keen was unjustifiably disadvantaged and unjustifiably dismissed. Prestige was ordered to pay $12,000 compensation, $19,460.82 unpaid and lost wages, $1,556.86 holiday pay, and $3,000 costs...

Stephen Nunn was dismissed without notice by Port Nicholson Fisheries LP after two employment investigations in quick succession about seafood compliance, documentation, and handling of live crayfish. The ERA found the dismissal unjustified because PNF failed to genuinely consider his explanations, failed to give him key information including CCTV footage, relied on a flawed final written warning, and failed to consider alternatives to dismissal. PNF was ordered to pay $20,000 compensation, three months lost wages, four weeks notice, and public holiday arrears...

Fiona Scott was employed by Ritchies Transport Holdings Limited on a casual agreement, but the ERA found the real nature of the relationship had evolved into permanent employment. After a route deviation for a toilet break, two scheduled shifts were removed and no further shifts were offered. The ERA found this amounted to unjustified dismissal and ordered $10,000 compensation and $12,870 gross lost wages...

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...