New Zealand unfair dismissal (unjustified dismissal) case summaries from the Employment Relations Authority (ERA), explaining key facts, outcomes, and lessons for employees and employers.
These unfair dismissal (unjustified dismissal) case summaries cover Employment Relations Authority (ERA) decisions from across New Zealand. Each case highlights the facts, the Authority's reasoning, and the outcome, so you can see what tends to help or hurt a dismissal justification.
If you are dealing with a dismissal dispute, these examples can help you understand common errors in process, the standard of reasonableness applied, and typical remedies where a dismissal is found to be unjustified.
![Emily Grinsted v Bunnings Limited [2026] NZERA 236 - redundancy, misconduct; what the ERA decided and what was ordered](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
The Authority made monetary and/or other orders. Bunnings Limited (Bunnings) is a large Australasian retailer of home improvement and outdoor living products. Emily Grinsted is Bunning's People and Culture Manager for the New Zealand,... Key amounts include other payments of $11,820, $11,820.00.
An administrator was told by an external HR consultant that her employment would be ended under a 90 day trial, then given the option to resign instead. The ERA held she resigned, but the resignation was a constructive dismissal because it was a choice between resignation and dismissal.
The Authority made monetary and/or other orders. SAS Builders Limited (SAS) commenced a restructure in September 2024, which resulted in the termination of Stephanie Martin's employment. Ms Martin claimed the restructure process that... Key amounts include lost wages / arrears of $4,872.00, $71.55.
A parcel courier driver was treated by the company as an independent contractor, but the ERA found the real relationship was employment due to app-based control, penalties and lack of genuine independence. After the driver was bitten by a dog and applied to ACC, the manager pressed him to...
Three courier/warehouse workers were found to be employees in an earlier preliminary decision. In this follow-up, the ERA held two drivers were unjustifiably dismissed when they were blocked from the dispatch app after one complained about a manager's verbal abuse, and a third worker was...
A labourer worked regular 7am-5pm hours at $25/hour but was not paid for 17 weeks. The employer denied knowing him and did not participate. Applying s 6 and the Bryson control/integration/economic reality tests, the ERA found he was a permanent employee, calculated wage arrears at $18,187.50...
A chef at the Mussel Pot in Havelock worked under seasonal winter shutdowns and was given unsigned fixed term agreements that did not comply with s 66. After the 2024 shutdown, the employer's WhatsApp communications indicated she was no longer required, and she discovered recruiting posts for a...
A senior web developer was made redundant in a large technology department restructure. The ERA accepted the commercial drivers, but found a material process defect: Mega applied the selection criteria before consultation, did not provide the employee's scores, and did not let him meaningfully...
