Unfair Dismissal (Unjustified Dismissal) Case Summaries | ERA New Zealand

PR Kahlon Limited had genuine and well-documented concerns about delivery driver Mandeep Singh's performance, but knew English was a significant barrier and still communicated critical performance and disciplinary information in English rather than Punjabi. The ERA found he did not receive a clear and reasonable opportunity to respond, making his dismissal and suspension unjustified. After a 25 percent contribution reduction, PR Kahlon was ordered to pay $934.29 suspension wages, $10,121.48 lost remuneration, $13,500 compensation and the filing fee.

In an anonymised retail case, the ERA found that XSH unjustifiably disadvantaged KCY by failing to follow up her bullying complaint, placing her on paid special leave without proper consultation, and directing an immediate store transfer as a fait accompli. Her summary dismissal over expired promotional gifts and a back-office passcode was also unjustified because relevant evidence of common store practice and staff deception was not properly investigated. Compensation totalled $40,000 after contribution reductions, with further lost-remuneration and annual-leave orders.

NPD failed for years to meaningfully address tanker driver Sione Afimeimounga's workload, scheduling and health and safety concerns. After he resigned on extended notice, NPD dismissed him for serious misconduct based on selected messages from a provocative exchange with another driver. The ERA found constructive dismissal, unjustified summary dismissal and unjustified suspension. NPD was ordered to pay $13,608 gross lost wages, $22,500 compensation after 10 percent contribution, and a $4,000 records penalty.

EverEdge Global Limited stopped paying founder and CEO Paul Adams while he continued working from Amsterdam, ignored his repeated requests for payment, and advanced multiple inconsistent explanations later. The ERA found EverEdge deliberately withheld salary to pressure him to resign, amounting to unjustified constructive dismissal. Awards totalled $267,640.69, including salary arrears, six months' lost remuneration, KiwiSaver, $30,000 compensation and a $7,500 good-faith penalty.

Although the written agreement called Mr Takaloo an independent contractor, the ERA found that the real nature of his relationship with Kaur Queens Trading Limited was employment. Withholding his final wages, verbal abuse, aggressive conduct and cancelling his access amounted to unjustified constructive dismissal. The company was ordered to pay $2,045 wages, $286.04 holiday pay, $12,038 lost remuneration and $7,500 compensation.

Carol Chesmar had worked for Rooney Earthmoving Limited for more than nine years when her labourer position was disestablished. The ERA accepted that the redundancy was not a sham and that Rooney Earthmoving had genuine work and financial concerns. However, it withheld relevant financial and operational information, failed to consult over the end of Mrs Chesmar's Taiko landfill deployment, had effectively decided by the start of consultation that her role would go, and gave her no meaningful opportunity to influence the outcome. The dismissal was unjustified. Rooney Earthmoving was ordered to pay $14,471.60 gross lost remuneration and $25,000 compensation.

Conner Powell was employed by OH and N Contracting Limited as a forestry worker from November 2022 until his employment ended on redundancy grounds in January 2025. The ERA accepted there was some genuine business basis for redundancy because the logging work was nearing completion, the company had not secured other work, and the need for workers was reducing. But the dismissal was still unjustified because OH and N did not follow a good-faith restructuring process before ending Mr Powell's employment. The employer also wrongly used annual holiday pay instead of notice wages, failed to provide the employment agreement and wage and time records when requested, and was ordered to pay compensation, lost wages, unpaid wages and penalties...

Jia Jia worked for TBS Trading Limited as a retail sales assistant for about two and a half months. She was not given a written employment agreement, her wages were not always paid on time, and her employment ended after the employer stopped offering her full-time work and then stopped offering her work at all. The ERA found unjustified dismissal and unjustified disadvantage. It ordered two months' lost wages, $12,500 compensation, penalties for failing to provide an employment agreement and late wage payment, costs and the filing fee. Helen Han was not found personally liable for dismissal remedies, but the ERA granted leave for Ms Jia to recover the penalties from Ms Han personally if TBS could not pay them...