MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590

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 (partly successful).

In summary, Mr Mon was dismissed by text message on 19 July 2023, and his employment came to an end two weeks later on 2 August 2023 after Mr Mon had worked out his notice period. After that, Mr Bator says that he was dismissed because he wanted to work from home and had asked for a letter ending his employment. Later, It will be apparent immediately that none of these steps occurred, as Mr Bator simply texted Mr Mon stating that he was dismissed on 19 July 2023, and setting out that he would receive 2 weeks' notice. The determination records that Mr Mon has still not obtained a new job in the period from his dismissal in August 2023 though to the date of the investigation meeting being some 18 months. The Authority notes that Likewise, although Mr Bator raised concerns about Mr Mon's partial payment for car parts and/or some tools, this was not pursued at the investigation meeting, with both parties agreeing that this had resulted in the deduction of monies from Mr Mon's final pay, rather than being the cause of his dismissal. Ultimately, Accordingly, The Authority found that Mr Mon's actions did not contribute to his dismissal.

Key case markers

• This determination comes from the Wellington registry.
• The parties are MON (employee) and ALLIED AUTO PARTS LIMITED (employer).
• Hearing date noted: 4 February 2025.
• Authority member: Claire English.

Key events described (as described by the Authority)

• Mr Mon was dismissed by text message on 19 July 2023, and his employment came to an end two weeks later on 2 August 2023 after Mr Mon had worked out his notice period.
• Mr Bator says that he was dismissed because he wanted to work from home and had asked for a letter ending his employment.
• Raising of the personal grievance [22] Although Mr Mon's last day of work was 2 August 2023, he did not raise his personal grievance until his lawyer sent a letter to Allied on 17 January 2024.
• It will be apparent immediately that none of these steps occurred, as Mr Bator simply texted Mr Mon stating that he was dismissed on 19 July 2023, and setting out that he would receive 2 weeks' notice.
• Mr Mon has still not obtained a new job in the period from his dismissal in August 2023 though to the date of the investigation meeting being some 18 months.
• Likewise, although Mr Bator raised concerns about Mr Mon's partial payment for car parts and/or some tools, this was not pursued at the investigation meeting, with both parties agreeing that this had resulted in the deduction of monies from Mr Mon's final pay, rather than being the cause of his dismissal.

Decision markers (as described by the Authority)

• Accordingly, The Authority found that Mr Mon's actions did not contribute to his dismissal.
• In light of this admission, The Authority found that no wages are property owing, and no orders are made.

Orders and payments mentioned

• Compensation: $18,000
• Lost wages / arrears: $16,016.00
• Costs: Costs reserved.

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

• Redundancy determinations usually turn on genuineness and consultation quality.
• 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)

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