MTY v Transport (Waimate) Limited [2025] NZERA 510

A practical summary of an Employment Relations Authority (ERA) unjustified dismissal determination, with the full decision embedded below. This page is information only - it is not legal advice.

What the case was about

The employee (a truck driver) raised a personal grievance for unjustified dismissal. The employer argued there had been no dismissal at all, saying the employee resigned during a meeting. The key legal question became: did the employer's actions amount to a "sending away" (dismissal), or was it at least reasonable for the employee to understand he had been sent away?

What happened

The background problem started with a private speeding fine that carried enough demerit points to risk a licence suspension. The employee surrendered his licence and applied for a limited licence so he could keep working. The employer supported that application.

When the employee returned for a meeting on 31 January 2024, he says he was blindsided: instead of a simple return-to-work discussion, he was confronted with a string of allegations (including alleged drug use and poor work practices) and told he would need to pass a drug test and accept restrictions. The meeting deteriorated into a heated argument. The employee walked out and said words to the effect of "I'll see you in court".

Almost immediately, the employee sent a text message apologising and asking to meet again to discuss return-to-work conditions. The employer did not respond. Over the following weeks, the employer did not facilitate a return to work. Later, when the employee came to the office, he was given a printed email which, in effect, suspended him without pay until the managing director returned from holiday overseas. The managing director then did not contact the employee when he returned.

The employee saw job advertisements for his role and a new driver operating the truck he usually drove. He took the view he had been dismissed and raised a personal grievance for unjustified dismissal. The employer replied stating (among other things) that the employee had resigned in the January meeting.

ERA findings

The Authority was satisfied that the employer's conduct, viewed as a whole, amounted to a sending away. The decision records multiple steps that created and maintained the "no job" status quo: imposing unilateral conditions, ignoring the apology and request for further discussion, and then using a printed email to suspend the employee without pay while the director was away.

On that basis the Authority found there was a dismissal, and it was unjustified. The Authority also considered "contribution" (whether the employee's conduct should reduce remedies) and found no contribution: while the employee behaved poorly in the meeting, it did not cause the dismissal and did not justify reducing remedies.

Remedies ordered

The Authority ordered the employer to pay the following sums to the employee:

• Compensation (hurt and humiliation): $24,000.00
• Lost remuneration: $30,558.84 (six months of average weekly wage, awarded as reimbursement)
• KiwiSaver contributions on the reimbursement: $916.76
• Reimbursement of limited licence costs: $1,822.50
• Total quantified remedies: $57,298.10

Costs were reserved. The decision records that if costs cannot be agreed, the applicant may file a memorandum on costs within 28 days of the determination date, with 14 days for the employer to reply.

Practical takeaways

• "Sending away" can be found without the employer using the word "dismissed": the Authority will look at the totality of actions and whether the employee was effectively shut out from work.
• Unilateral conditions and radio silence can backfire: if an employer blocks a return to work and does not follow a fair process, a dismissal finding can follow.
• Contribution is not automatic: even if an employee behaves badly in a meeting, remedies may not be reduced unless that conduct actually contributed to the unjustified action.

Read the full ERA determination (embedded)

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