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.
![Invalid trial period clause, no process, and wage record failures - Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808; $30,087.30 ordered (lost remuneration and distress compensation)](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
An ERA finding of unjustified dismissal where the employer tried to rely on a trial period clause that did not meet s 67A requirements and then failed to engage with the Authority's investigation. The Authority ordered $30,087.30 gross including $13,056 lost remuneration, $10,000 distress...
A marketing manager's role was disestablished in a redundancy. The ERA accepted business reasons could exist, but held the consultation was not genuine: key information was withheld, outcomes were effectively predetermined, and redeployment was not properly consulted on. The dismissal was...
A chef at Coffee Studio was suspended by WeChat without notice or clarification of pay, then ignored when he asked for a meeting and leave records. While on ACC leave for a wrist injury, he was given redundancy notice without consultation. The ERA upheld unjustified disadvantage and unjustified...
An anonymised Christchurch ERA determination where the Authority found constructive dismissal after an unfair suspension, a misleading complaint outcome, and a disciplinary process that did not fairly disclose the case the employee had to meet.
The Authority made monetary and/or other orders. The applicant, Ms Glenice Cooper, worked as a Marketing Manager for Mr Fraser-Jones, as part of the real estate team working for the respondent Success Realty Limited (SRL). On 19... Key amounts include compensation of $75,000, $35,000.
Interlocutory decision. The employee (NMK) sought permanent name suppression and an interim non-publication order in an ongoing personal grievance. The Authority applied the high threshold for permanent suppression and held the evidence did not show exceptional hardship or a sufficiently real...
A long-term waiter was labelled 'casual as required' but worked regular rosters for years. When shifts stopped, he was told by WeChat, 'You don't need to come anymore'. The ERA found he was a permanent employee and the dismissal was unjustified. Orders: $5,686.33 lost wages (reimbursement),...
A cabinet maker's work was ended by a text message saying there would be no more work next week. The business had moved and quietly shifted operations from one company to a related company. The ERA held the 'no work' message was effectively a unilateral termination without consultation or...
