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

Cameron Keen worked for Prestige Paving NZ Limited as a labourer. After a Christmas closedown, the employer failed to provide work, failed to pay him, placed him on leave without pay without his request, and then stopped communicating. The ERA found Mr Keen was unjustifiably disadvantaged and unjustifiably dismissed. Prestige was ordered to pay $12,000 compensation, $19,460.82 unpaid and lost wages, $1,556.86 holiday pay, and $3,000 costs...

Stephen Nunn was dismissed without notice by Port Nicholson Fisheries LP after two employment investigations in quick succession about seafood compliance, documentation, and handling of live crayfish. The ERA found the dismissal unjustified because PNF failed to genuinely consider his explanations, failed to give him key information including CCTV footage, relied on a flawed final written warning, and failed to consider alternatives to dismissal. PNF was ordered to pay $20,000 compensation, three months lost wages, four weeks notice, and public holiday arrears...

Fiona Scott was employed by Ritchies Transport Holdings Limited on a casual agreement, but the ERA found the real nature of the relationship had evolved into permanent employment. After a route deviation for a toilet break, two scheduled shifts were removed and no further shifts were offered. The ERA found this amounted to unjustified dismissal and ordered $10,000 compensation and $12,870 gross lost wages...

Regina Rasheed was principal of Zayed College for Girls for about 14 years before being dismissed by the Commissioner in June 2025. The ERA found unjustified disadvantage, unjustified suspension, unjustified dismissal, breaches of the collective agreement and good faith, and ordered reinstatement, lost wages, 23 days sick leave reimbursement, $40,000 compensation, and a Trust penalty...

Devon Whitham worked at Brutal Ink in New Plymouth after responding to a Facebook post for a piercing apprentice. The ERA found she was an employee of Brutalitees Limited, not an independent contractor, and that her dismissal at a heated meeting on 19 September 2024 was unjustified. The ERA ordered unpaid wages, holiday pay, 13 weeks lost remuneration, $15,000 compensation, and penalties...

Natalie Butler-Smith was a part-time permanent farm assistant who went on parental leave and expected to return to work in February 2024. Before her return, the Partnership told her that her employment was being terminated because of health and safety issues arising from her having a baby on the farm. The ERA found the dismissal unjustified and ordered $32,432...

Raheel Reddy worked as a barber for Studio Image Limited. After he was late attending work because he was viewing a replacement car after an accident, Studio Image sent text messages telling him he would be paid his remaining leave and should collect his tools. The ERA found this was a dismissal, not a resignation, and that the dismissal was unjustified.

Junchen Xu worked for Aurora Developments Limited as a project quantity surveyor. The ERA found he was an employee from 1 March 2021, despite the employer saying the first month was only learning and observation. The ERA also found his redundancy dismissal was unjustified because ADL did not consult, did not provide a proposal, and did not explain the business reasons before ending his employment.