NAIR v MODERN AUTO REPAIR CENTRE LIMITED and Anor [2025] NZERA 28

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, However, Mr Sharma has since resiled from that position and says that no monies are owed and that Mr Nair was not dismissed but resigned after a heated argument with his employer. After that, Not without reluctance, the adjournment was granted and the investigation meeting was rescheduled to 24 January 2024. Later, The investigation meeting proceeded on 14 March 2024 but was adjourned part heard to conclude Mr Sharma's evidence. The determination records that On 28 July 2022, his wife Ragni emailed Mr Sharma that there was something wrong with the company's pay records in that Mr Nair's wages for the week ending 17 July 2022 of $956.72 was paid late on 27 July. The Authority notes that On 22 September 2022, Mr Nair's representative, Mr Morgan, raised a personal grievance with Mr Sharma for wage arrears, loss of income, unjustified disadvantage and unjustified dismissal. Ultimately, On the contrary, an email from him to Mr Sharma (see [16] above) makes clear that he was asked to leave work (quoted wording omitted) which on a plain reading supports a dismissal rather than a resignation. In the end, However, by not responding to Mr Nair's emails, Mr Sharma merely confirmed matters in Mr Nair's mind that he had been summarily dismissed.

Key case markers

• This determination comes from the Auckland registry.
• The parties are NAIR (employee) and MODERN AUTO REPAIR CENTRE LIMITED and Anor (employer).
• Hearing date noted: 24 January, 14 March, 13 August and 21 October 2024 (and by audio-visual link) (4 Days).
• Authority member: Peter Fuiava.

Key events described

• However, Mr Sharma has since resiled from that position and says that no monies are owed and that Mr Nair was not dismissed but resigned after a heated argument with his employer.
• Not without reluctance, the adjournment was granted and the investigation meeting was rescheduled to 24 January 2024.
• The investigation meeting proceeded on 14 March 2024 but was adjourned part heard to conclude Mr Sharma's evidence.
• On 28 July 2022, his wife Ragni emailed Mr Sharma that there was something wrong with the company's pay records in that Mr Nair's wages for the week ending 17 July 2022 of $956.72 was paid late on 27 July.
• On 22 September 2022, Mr Nair's representative, Mr Morgan, raised a personal grievance with Mr Sharma for wage arrears, loss of income, unjustified disadvantage and unjustified dismissal.
• On the contrary, an email from him to Mr Sharma (see [16] above) makes clear that he was asked to leave work (quoted wording omitted) which on a plain reading supports a dismissal rather than a resignation.
• However, by not responding to Mr Nair's emails, Mr Sharma merely confirmed matters in Mr Nair's mind that he had been summarily dismissed.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Compensation: $13,500
• Costs: Costs considered.
• Other payments: $14,289.93

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

• Unjustified disadvantage claims require both unjustified conduct and actual disadvantage.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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