ClickCease

LEVI-ADAMS v GREENE [2025] NZERA 531 - The Authority ordered remedies and addressed unjustified dismissal issues.

The Authority ordered remedies and addressed unjustified dismissal issues. She was given notice of her dismissal on 7 August 2023, and her employment ended on 21 August 2023.


LEVI-ADAMS v GREENE [2025] NZERA 531

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

At a glance

  • Citation: [2025] NZERA 531
  • Registry: Auckland
  • Parties: LEVI-ADAMS v GREENE
  • Authority member: Jeremy Lynch
  • Hearing date: 13 November 2024, 13 August 2025
  • Outcome: The Authority ordered remedies and addressed unjustified dismissal issues.

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.
If you have an active employment problem and deadlines, get advice early. If you are considering raising a Personal Grievance (PG), the 90 day notification time limit can be critical.

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.

0800 WIN KIWI

Search
Search articles and guides.
Tip: press / to search

Related articles

Browse all articles
Based on: Unfair Dismissal Cases
Layth Abu-Laban v Everest Corporation Limited [2026] NZERA 292 - permanent automotive technician dismissed after employer tried to treat employment as an unrenewed one-year contract; unjustified dismissal upheld; employer counterclaim failed

Everest Corporation Limited told an automotive technician his employment was ending because it would not renew what it said was a one-year contract. The ERA found the agreement was permanent, the dismissal process was non-existent, and the employer's later allegations of poor workmanship, customer solicitation, misuse of property and theft were not substantiated...

Kyle Horsefield v Eurocars Limited [2026] NZERA 293 - car salesperson labelled casual was a permanent employee; dismissal by text message unjustified; $12,345 ordered

Eurocars labelled a new car salesperson as casual and then texted him that his casual employment was terminated because he was busy with a lawyer and physio. The ERA found the real relationship was permanent on an as-required basis, the text was a summary dismissal, and the employer had no fair process or substantive justification...

Lyon Kawhaaru v The Deck Tahuna Limited [2026] NZERA 288 - cafe worker told by email he was 'instant dismissed' after customer incident; unjustified dismissal upheld; remedies reduced 25% for contribution

After a customer incident captured on CCTV, the employer emailed that the matter was serious misconduct and 'will result in instant dismissal effective from 4 June'. The ERA held that was an unequivocal sending away: the worker was dismissed without any fair process and did not abandon...

Nicholas Gordon Pilcher v Brandt Tractor Limited [2026] NZERA 273 - dismissal for untested bullying complaints held unjustified; de facto suspension unjustified; $19,360 compensation + 4 months' lost pay

A sales manager was put on 'special leave' while four bullying/harassment complaints were being investigated, but his phone and laptop were taken and he was removed from the workplace without prior consultation. Five days later he was dismissed for serious misconduct without being given the...

Phil Jacklin v Planit Software Testing Limited [2026] NZERA 264 - bonus clause held discretionary; KPI delay breached contract; $10,000 unjustified disadvantage award

A general manager resigned after months of dispute about a short term incentive (STI) clause. He believed he was entitled to 25% of salary, paid quarterly, and that KPIs had to be issued by 1 April. The ERA rejected the constructive dismissal claim because the STI was discretionary and annual,...

Daniel Bly v FutureCo Limited [2026] NZERA 269 - dismissal for Instagram posts and Slack messages held unjustified; $15,000 compensation; 6 months' pay less 50% contribution

A lead developer on a high-pressure KFC app project posted about exhaustion on Instagram and sent blunt messages to a junior developer. FutureCo treated this as serious misconduct and dismissed him. The ERA held the dismissal unjustified, found excessive hours were an unjustified disadvantage,...

Browse topics