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

A senior journalist/editor with 18 years at Radio Waatea was made redundant after a restructure merging English and Maori newsroom functions. The ERA accepted the restructure had genuine business reasons, but held the redundancy dismissal unjustified because key proposal information was not fairly shared, the employee was not clearly told his role was at risk until the termination day, and redeployment options were not consulted on. Orders: $24,230.77 lost wages (plus interest and KiwiSaver), $19,000 compensation, and a $1,500 Wages Protection Act penalty (half to the employee).

The Authority made monetary and/or other orders. On 5 February 2024, Robert Tunnicliffe interviewed for a job as a Truck Driver with Solly's Freight (1978) Limited (Solly's). Solly's offered Mr Tunnicliffe the job, which he accepted and co... Orders include compensation of $5,000.

A marketing and events assistant resigned with one month's notice, but was called into a surprise meeting and told to clear her desk and leave immediately. The ERA held this was a dismissal at the employer's initiative (a 'sending away'), not an agreed early finish, and the employer could not...

A part-time pool receptionist/manager at a Hastings health and wellness centre was never given a written employment agreement and was never paid for 32 hours worked. After he asked for clarity about his pay and roster, the employer stopped responding, removed his staff access, and asked for his...

A truck driver worked one day for a small Waikato haulage company before being terminated by email under a supposed 90-day trial clause. The ERA found the trial clause was not in the signed agreement (only a probation clause), so the employee could bring an unjustified dismissal claim. Although...

Husband-and-wife chefs were dismissed from an Auckland waterfront cafe after an escalating conflict with new management. The ERA found the employer did not investigate properly or give either employee a real opportunity to respond. Both personal grievances were upheld and $95,448 was ordered (lost wages and compensation), payable within 28 days. Costs were reserved.

The ERA held the employee's dismissal was unjustified because the disciplinary process had significant defects, including an early stand-down before his views were sought, undisclosed staff discussions, and concern about pre-determination. Even though serious misconduct findings were substantively open on the evidence, the employee was awarded $12,000 compensation after a 20% contribution reduction. The employee was also ordered to repay the employer proven costs for unauthorised private work and purchases, with labour to be recalculated under Appendix A and final pay to be offset.

ERA held the employer could not rely on a one-year fixed-term clause because the statutory requirements were not met (no genuine reasons agreed and reasons not recorded). Ending employment without giving the employee a chance to comment was unjustified. Orders: $15,600 gross lost wages and $12,000 compensation (costs reserved).