LEVI-ADAMS v GREENE [2025] NZERA 531

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

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues.

In summary, She was given notice of her dismissal on 7 August 2023, and her employment ended on 21 August 2023. After that, Instead, two days prior to the November 2024 investigation meeting, Mr Greene lodged signed (but undated) letters from Yess's former assistant manager Dyannah Mika, and the director of the Waitakere Alternative Education Consortium (the Consortium), Frank Veacock. Later, Adjournment for further mediation [8] After the Authority had finished taking the parties' evidence at the 13 November 2024 investigation meeting (but prior to the parties' closing submissions), an adjournment was sought. The determination records that Ms Levi-Adams says that on 7 August 2023 (three days after her dismissal), she received an email from Mr Greene with (quoted wording omitted) in the subject line. The Authority notes that Attached to the email is a letter dated 21 June 2023, which is not a reference but instead appears to be a written warning. Ultimately, Ms Levi-Adams says the first time she received this was when it was emailed to her after her dismissal on 7 August 2025, and not at any time prior to this. In the end, At the November investigation meeting, Mr Greene accepted that this warning letter had not been provided to Ms Levi-Adams on any other occasion prior to 7 August 2023.

Key case markers

• This determination comes from the Auckland registry.
• The parties are LEVI-ADAMS (employee) and GREENE (employer).
• Hearing date noted: 13 November 2024, 13 August 2025.
• Authority member: Jeremy Lynch.

Key events described (as described by the Authority)

• She was given notice of her dismissal on 7 August 2023, and her employment ended on 21 August 2023.
• Instead, two days prior to the November 2024 investigation meeting, Mr Greene lodged signed (but undated) letters from Yess's former assistant manager Dyannah Mika, and the director of the Waitakere Alternative Education Consortium (the Consortium), Frank Veacock.
• Adjournment for further mediation [8] After the Authority had finished taking the parties' evidence at the 13 November 2024 investigation meeting (but prior to the parties' closing submissions), an adjournment was sought.
• A further investigation meeting was held on 13 August 2025, for the parties to provide their closing submissions.
• Ms Levi-Adams says that on 7 August 2023 (three days after her dismissal), she received an email from Mr Greene with (quoted wording omitted) in the subject line.
• Attached to the email is a letter dated 21 June 2023, which is not a reference but instead appears to be a written warning.
• Ms Levi-Adams says the first time she received this was when it was emailed to her after her dismissal on 7 August 2025, and not at any time prior to this.
• At the November investigation meeting, Mr Greene accepted that this warning letter had not been provided to Ms Levi-Adams on any other occasion prior to 7 August 2023.
• However, at the resumption investigation meeting of 13 August 2025, Mr Greene submitted that he had emailed this warning letter to Ms Levi-Adams prior to her dismissal.
• When the meeting resumed, Mr Greene said he was unable to find any record of the letter being sent to Ms Levi-Adams other than on 7 August 2023, and he accepted that this warning letter had not been provided to her at any stage prior to her dismissal.
• Mr Greene accepted that prior to the discussion in the work van on 4 August 2023 at which Ms Levi-Adams was dismissed (the dismissal meeting), he did not inform her that she could seek representation for the meeting.
• Mr Greene also accepted that nothing was investigated prior to this meeting; any concerns he had about Ms Levi- Adams' performance (including her punctuality and attendance) were not put to her for comment prior to the decision to dismiss.
• Ms Levi-Adams' employment was terminated without warning during the dismissal meeting.

Decision markers (as described by the Authority)

• Ms Levi-Adams has established a personal grievance for unjustified dismissal.
• The Authority was satisfied that in the circumstances of this matter, no issues as to mitigation arise.

Orders and payments mentioned

• Compensation: $13,500
• Lost Wages: 13 weeks'
• Costs: Costs awarded.

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• 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)

If the embedded PDF does not load on your device, use the button below to open it in a new tab.

Mobile / tablet tip: Some browsers do not display embedded PDFs reliably. Use the "Open" button above.

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